KAPIL KUMAR Vs. STATE

JUDGEMENT

(1.) This order shall dispose of application for grant of anticipatory bail filed on behalf of the petitioner.

(2.) Prosecution case in brief is that, on 12th October, 2009, at about 9 PM, police received information regarding quarrel and fighting at B. No. 265/37, Colonel Farm House, Tigri, New Delhi. On reaching the spot police found that injured persons had been taken to Trauma Centre AIIMS, New Delhi by PCR Van. At the hospital, the injured Prempal and his brother Dharampal were found admitted.

(3.) Injured Prempal who was found to be fit gave his statement stating that his neighbour Gopal had come to his brother Amarpal 's shop to buy cigarette at about 9 PM where Gopal quarreled over money with Amarpal and subsequently, Gopal called other family members to teach Amarpal a lesson. Amit (brother of Gopal) armed with a cricket bat, Kapil (brother of Gopal) armed with an iron rod and Sohan Lal (father of Gopal) came at the spot. Amar Pal and Prempal was caught hold by Sohan Lal and Gopal, Kapil and Amit started beating them. Amarpal immediately went inside his house and bolted the door from inside. In the meantime, Dharampal (brother of Prem Pal) also came at the spot and both Dharampal and Prempal sustained injuries on head and other parts of the body at the hands of the accused persons. After beating them, accused set the wooden thakth in front of the house of Amarpal on fire and went away. Accordingly, case under Section 308/436/34 IPC was registered against the accused persons.