Punjab-Haryana High Court
Amandeep Singh vs State Of Punjab on 27 April, 2021CRM-M No.28421 of 2020 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.28421 of 2020 (O&M)
Date of Decision: 27.04.2021

Amandeep Singh
……Petitioner
Vs

State of Punjab
…..Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. J.S. Bedi, Sr. Advocate with
Mr. S.S. Brar, Advocate
for the petitioner.

Mr. Joginder Pal Ratra, D.A.G., Punjab.

Mr. S.S. Kamboj, Advocate
for the complainant.

****

RAJ MOHAN SINGH, J.

The case was taken up for hearing through video

conferencing.

CRM No.12246 & 12078 of 2021

[1]. For the reasons mentioned in the applications, the

same are allowed. Accompanying documents are taken on

record, subject to all just exceptions.

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CRM-M No.28421 of 2020 (O&M)

[2]. Petitioner seeks grant of regular bail under Section 439

Cr.P.C in case bearing FIR No.47 dated 20.02.2020, registered

under Sections 302, 34 IPC and Sections 25/30 of the Arms Act

at Police Station Civil Lines, Patiala.

[3]. The FIR was registered at the instance of complainant-

Darshan Singh with the allegations that his youngest son

Simranjit Singh was working as Special Contingent in Electricity

Board, Head Office, Patiala. He often used to go to play

volleyball with his friend Amrik Singh, who was also working in

PSPCL. On 19.02.2020 at about 6.00 P.M., son of the

complainant had gone on his motorcycle for playing volleyball.

He did not return till late night. The complainant along with his

son Sukhjit Singh went to search Simranjit Singh in volleyball

ground. When they went ahead of Mata Gujri College, they saw

the motorcycle of Simranjit Singh was lying fallen on the main

road and Simranjit Singh was also lying fallen down at a short

distance. His friend Amrik Singh was also lying fallen down at a

short distance. Both of them had gun shots in their heads. Blood

was oozing out from the head of Simanjit Singh and from the

head and abdomen of Amrik Singh. Both had died and empty

cartridges of 12 bore rifle were lying there. FIR was lodged

against unidentified persons.

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[4]. During course of investigation, the Police recorded the

statements of Rajesh Bahadur, Gurdeep Singh Basati, Balkar

Singh son of Darshan Singh and Amandeep Kaur wife of

deceased Amrik Singh under Section 161 Cr.P.C.

[5]. According to the statement of Rajesh Bahadur, he is

running a dhaba in a rented shop for the last about 10 years.

He also runs rehri (cart) for selling momos, where his wife and

daughter-in-law used to sell momos. Children and wife also

used to help him in the dhaba. Persons living in PGs used to

deposit advance money with Rajesh Bahadur in order to take

meals at his dhaba. On 16.02.2020, co-accused Manraj Singh

came to his dhaba along with his father and told him that they

had come recently for living in the PG and they will eat meals

daily. He deposited an amount of Rs.500/- with Rajesh Bahadur.

Two employees of electricity board namely Amrik Singh and

Simranjit Singh often used to come to his dhaba after playing

volleyball and they used to eat eggs etc. On 19.02.2020 at

about 10.00 P.M., Amrik Singh, Simranjit Singh and another boy

came to dhaba and sat on the wooden cot behind rehri of

momos. In the meantime, Manraj Singh and his father

Amandeep Singh also came to dhaba. Father of Manraj Singh

i.e. the petitioner entered inside the dhaba and Manraj Singh

went to momos rehri and wished namaste to the wife of Rajesh

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Bahadur by calling her aunty. Amrik Singh objected to the word

aunty and asked him to call her as Bhabhi. Manraj Singh

insisted that he would call her aunty only. They had some

arguments. Manraj Singh started telling his father about the

same, who was sitting inside the dhaba. Thereafter father of

Manraj Singh came out of dhaba and started persuading Amrik

Singh etc. They had a quarrel in which father of Manraj Singh

i.e. the petitioner suffered injuries on his face and blood started

oozing out from his face. Rajesh Bahadur and Gurdeep Singh

Basati separated them from quarreling. Manraj Singh went away

after taking his father along with him. Shoes of Manraj Singh

had fallen there in the street.

[6]. The witness further stated that he closed rehri and

called his family members at the dhaba. Amrik Singh, Simranjit

Singh and Gurdeep Singh Basati sat inside the dhaba and ate

egg bhurji and also consumed cold drinks. Thereafter all the

three moved out. Simranjit Singh started the motorcycle and

Amrik Singh sat behind him. Gurdeep Singh Basati gave money

to Rajesh Bahadur. In the meanwhile, the witness Rajesh

Bahadur heard the noise of firing shots in the street and became

scared and put down the shutter of the shop. Numbers of shots

were fired outside and the witness did not come out due to fear.

When he heard voices of other people in the street, then he saw

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that Simranjit Singh and Amrik Singh were lying in the pool of

blood near the motorcycle. The witness became frightened and

went home after closing the dhaba. The statement of the

witness was recorded under Section 161 Cr.P.C. on

20.02.2020.

[7]. Statement of Gurdeep Singh Basati was recorded

under Section 161 Cr.P.C. on 24.02.2020, wherein he stated

that he used to play volleyball from 7.00 P.M. to 10.00 P.M.

They had arranged lights also. On 19.02.2020, he had gone to

play volleyball at about 6.30 P.M., where Simranjit Singh, Amrik

Singh and others were present in the volleyball ground and

there was strong wind on that day. They could not play till 10.00

P.M. They kept on sitting in the ground and thereafter started

their vehicles for going to their house(s). The witness was on

the motorcycle of Simranjit Singh and Amrik Singh. All the three

reached Nepali dhaba for having some meal. Amrik Singh and

Simranjit Singh sat on the wooden cot behind the momos rehri

run by Nepali outside the dhaba. The witness also stood along

with them near the rehri. In the meanwhile, one young boy along

with one middle aged person came to the dhaba. Middle aged

person went inside the dhaba and the other youth came to rehri

and wished the wife of Nepali by calling her aunty. Amrik Singh

objected to it and asked him to call her Bhabhi, whereupon the

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youth insisted in calling her as aunty only. There was some

argument. The youth went inside the dhaba and called his

father. His father came and asked Simranjit Singh and Amrik

Singh that why they were misbehaving with his son. They had a

quarrel. The middle aged person suffered injuries on his face

and blood started oozing out from his mouth. The witness and

the owner of Nepali dhaba separated them from quarreling. The

youth and his father went away from the spot. Shoes of the

youth were lying at the spot as the same were bloodstained. All

the three went inside the dhaba and they came to know that

name of the youth was Manraj Singh. All the three ate egg bhurji

and also consumed cold drinks. Thereafter, Simranjit Singh

started bullet motorcycle and Amrik Singh sat as pillion rider.

[8]. The witness further stated that he gave money to dhaba

owner. In the meantime, Manraj Singh came from opposite side

of dhaba with a gun in his hand. On seeing him, Simranjit Singh

started motorcycle. Manraj Singh fired shot upon Simranjit

Singh and Amrik Singh. Both fell down from the motorcycle.

Manraj Singh started indiscriminate firing. In the meantime,

three persons came on a scooter from the side of liquor vend.

One person alighted from the scooter and came to Manraj

Singh. On hearing fire shots, those scooter borne youths fled

away. The person, who had come after alighting the scooter

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was father of Manraj Singh i.e. Amandeep Singh. Manraj Singh

fired number of shots on Simranjit Singh and Amrik Singh.

Father of Manraj Singh asked him to check, so that they may

not escape. Manraj Singh checked with torch of mobile phone

and after finishing them, both went towards 24 number Phatak

along with the weapon. The witness was frightened and he went

home. The witness saw family members of Simranjit Singh

going towards place of occurrence and he thought that they

might have received information regarding the incident. The

witness did not tell anything to them regarding the incident.

[9]. Statement of Amandeep Kaur wife of deceased Amrik

Singh was also recorded to the effect that she was posted

BDPO in Panchayati Raj Department. Her husband Amrik Singh

was serving in Electricity Board. On 19.02.2020, her husband

went along with friend to play volleyball, but did not return till

11/11.30 P.M., then at about 12.00 A.M. in the night, Simranjit

Singh’s father Darshan Singh along with some other persons

came to her house and informed that some unidentified persons

had murdered Simranjit Singh and Amrik Singh near Nepali

dhaba by firing shots. The witness informed her father in this

regard. Father and other relatives came to her house at about

2.00 A.M. After post mortem, her husband was cremated. She

came to know that the boy namely Manraj Singh and his father

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had murdered her husband and Simranjit Singh. On 25.02.2020

in the evening, she along with her children was alone at her

house. Two persons came to her house on motorcycle. The

witness thought that some persons have come to express their

grief over the death of her husband. She made them to sit in the

room of her house. The youth was aged 20-21 years and other

person was aged about 45/46 years. They told her that they had

committed big mistake and the whole incident occurred due to

sudden rush of blood and they had no personal enmity with

Amrik Singh and Simranjit Singh. They were ready to financially

help the witness and the family of Simranjit Singh in every

manner. They talked about the compromise. The boy told his

name as Manraj Singh and his father’s name as Amandeep

Singh. The witness was in shock at that time and got panicked.

The witness told them that she would tell them after bhog of

Amrik Singh. Thereafter those persons went away.

[10]. The Police also recorded the statement of Balkar Singh

on 27.02.2020 to the effect that he was working as Halqa

Incharge of Halqa Samana of Aam Aadmi Party. On 26.02.2020,

he was present in his house. Manraj Singh, who had associated

with his party in the last election came to him and stated that he

was to talk with him some important matter in isolation. The

witness made him to sit in the outer room of his house an

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enquired from him, whereupon Manraj Singh stated that on

19.02.2020 he and his father had gone to Nepali dhaba where

the occurrence took place. Now his father had gone somewhere

without disclosing to him and police was looking for him. He

requested that the witness should intervene and produce him

before the Police so that he may be saved from the beatings.

The witness told that he would enquire the whole case and talk

about the matter. The witness asked Manraj Singh to meet him

on the next day at 11.00 A.M. Manraj Singh met him at Samana

at given time and the witness enquired about the whole incident.

Manraj Singh admitted his guilt and the witness took Manraj

Singh to produce him before the Police. The Police effected

recovery of .12 bore double barrell gun with ammunition from

Manraj Singh.

[11]. Learned counsel for the petitioner by referring to the

statement of PW-8 Gurdeep Singh Basati submitted that the

witness has made lot of improvements in his statement and he

was successfully confronted with earlier statement made under

Section 161 Cr.P.C. He further submitted that at the time of

arrival of the petitioner at the spot, Amrik Singh and Simranjit

Singh had already died. The witness Gurdeep Singh Basati is

an Advocate and his statement was recorded only after four

days of the occurrence and his presence at the spot was

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doubtful. On the issue of calling wife of dhaba owner as bhabhi,

the mindset of Amrik Singh and Simranjit Singh was ventilated.

The deceased gave beatings to the father of petitioner and on

seeing the blood oozing out from face of the petitioner, Manraj

Singh killed Amrik Singh and Simranjit Singh in a rush of blood.

Petitioner appeared only after the occurrence and the witness

has made improvements to allege that they were alive and it

was only on the instigation of the petitioner, both were killed in

order to ensure that they may not be left alive. The insertion

made by the witness in his statement that Manraj Singh asked

Amrik Singh to feel sorry to his father was an improvement

because Amrik Singh was unable to move or speak in any

manner as he has already died. The witness while coming from

place of occurrence saw family members of Simranjit Singh

going towards the place of occurrence, but he did not disclose

anything to them despite knowing them fully. No complaint was

made by the witness to the Police at any point of time and his

statement was recorded only under Section 161 Cr.P.C., that

too after four days of the occurrence.

[12]. Learned counsel further submitted that statements of

Rajesh Bahadur and Gurdeep Singh Basati recorded under

Section 161 Cr.P.C., would not advance the case of the

prosecution against the petitioner, who was injured at the hands

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of the deceased and his alleged presence was shown only after

the death of the deceased at the hands of Manraj Singh.

Gurdeep Singh Basati was confronted and cross-examined

successfully to project a case of improvement from his earlier

version recorded under Section 161 Cr.P.C.

[13]. Learned counsel further submitted that the statements

of Amandeep Kaur and Balkar Singh were recorded under

Section 161 Cr.P.C. and even their statements if made before

the Court would not advance the case of prosecution qua the

complicity of the petitioner. The extra-judicial confession is a

weak type of evidence. The mode of confession to a person with

whom the accused had no relation cannot be relied upon to

convict a person. Learned counsel by relying upon Kala @

Chanderkala vs. State through Inspector of Police, 2016(4)

R.C.R. (Criminal) 141 and Charan Singh vs. State of Punjab,

2007(3) R.C.R. (Criminal) 781 submitted that extra-judicial

confession made before a stranger is no confession in the eyes

of law. It was a blind murder and the prosecution has failed to

connect the complicity of the petitioner qua the alleged

occurrence.

[14]. Learned counsel further submitted that petitioner has

not played any role in the commission of alleged crime, rather

he was victim of attack which was opened by the deceased

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resulting in injuries on his face. There was no extra-judicial

confession against the petitioner. No recovery was effected from

him. Petitioner is in judicial custody and he was arrested on

26.06.2020.

[15]. Per contra, learned State counsel duly assisted by

learned counsel for the complainant opposed the bail on the

ground that the petitioner played active role in the murder of

Amrik Singh and Simranjit Singh as he had arrived at the last

moment and ensured that both are killed by Manraj Singh.

[16]. In view of material on record, complicity of the petitioner

viz-a-viz. his presence at the spot at the time of occurrence

would remain debatable. Nothing has been recovered from him.

The main allegations are against his son Manraj Singh, who is

in custody.

[17]. Taking into consideration the facts and circumstances

of the case at this stage and without adverting to the merits of

the case, I deem it appropriate to enlarge the petitioner on

regular bail.

[18]. In view of above, petition is allowed. Petitioner is

ordered to be released on bail, subject to his furnishing

adequate bail bonds/surety bonds to the satisfaction of the trial

Court/concerned Duty Magistrate.

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[19]. Nothing expressed hereinabove would be construed to

be an expression of any opinion on merits of the case.

(RAJ MOHAN SINGH)
April 27, 2021 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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