- (1.) At the very outset, it will not be out of place to mention here that during the course of preliminary hearing, since the learned counsel has painted a different story that neither the petitioner was present at the spot nor participated in the commission of the crime in question, so, the interim protection was granted to him by this Court. Now on the contrary, the learned State/complainant counsels have projected the true picture that specific role and particular injury to the deceased is attributed to the petitioner.
(2.) Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the instant petition for the grant of concession of anticipatory bail and emanating from the record, as claimed by the prosecution, are that on 13.11.2013, complainant Wakil Khan s/o Shahnawaz (for brevity "the complainant"), his brother Riaz Khan (deceased), Roop Khan and Ramzan Khan were coming on their Ford tractor. At about 10 AM, as soon as, they reached near the flour mill of petitioner Sardar Khan (place of occurrence), in the meantime, he (petitioner), his son Raju Khan, Lalla s/o Guffar Khan, Gulzar Khan s/o Barkhdar Khan, Akhbar Khan, Shaukat ali ss/o Bodu Khan, Barkardar Khan s/o Alisher, Fakiria s/o Khushi Ahmed, his sons Rishad Khan & Anwar Khan armed with sticks (Sotis), Guffar Khan s/o Ali Sher, Sabdal Khan s/o Feroze Khan armed with gandasis and Baza Khan s/o Barkhardar Khan armed with iron rod, were already standing there. Immediately, petitioner has parked his Swift car in front of the tractor of the complainant party. Thereafter, they attacked and caused injuries to them with their respective weapons, culminating into the death of Riaz Khan. It has been specifically mentioned that the petitioner has inflicted a stick (Soti) blow, which landed on the heel of left feet of the deceased and accused Guffar Khan & Sabdal Khan gave gandasi blows, whereas the remaining accused also caused injuries to him and to other injured PWs with their respective weapons.
(3.) Leveling a variety of allegations and narrating the sequence of events in detail in the FIR, in all, the prosecution claimed that the petitioner and his other co-accused have hatched a criminal conspiracy, formed an unlawful assembly, armed with deadly weapons, caused the death of Riaz Khan and inflicted injuries on the persons of injured PWs with their respective weapons. In the background of these allegations and in the wake of statement of the complainant, the present criminal case was registered against the accused, vide FIR No.147 dated 13.11.2013, on accusation of having committed the offences punishable u/ss 148, 302, 307, 323, 325 and 341 read with section 149 IPC by the police of Police Station Sadar Ahmedgarh, District Sangrur in the manner depicted here-in-above.;