RAM KISHAN Vs. STATE

JUDGEMENT

(1.) Ram Kishan and Paras Ram have prayed for beingreleased on bail in FIR No. 242/91, P.S. Mehrauli under Secs. 302/307/147148/34 IPC.

(2.) There was an incident at about 11.30 a.m. on 4/08/1991infornt of House No. 260/3, village Chhatarpur within the jurisdiction of P.S.Mehrauli. Case was registered on the statement of Hem Chand S/o MangatRam.

(3.) Briefly stated the prosecution story has been that on that day healongwith his father Mangat Ram and brother Kanhayalal and Rati Ramtook meals in the house and at about 11.30 a.m. he along with his brotherRati Ram came out of the house and noticed that Ukiliptus (ballies) whichthey had kept outside their house had rolled down. He noticed Tara Chand,Ram Singh and Raj Kumar present at their shop and an enquiry was madefrom them as to who had thrown the said Ballies on the road. The aforesaidpersons started giving abuses and asked the complainant and his brother as towhy they were not removing the same. Hem Chand made a request to themnot to give abuses upon which both Tara Chand and Ram Singh broughtlathis from their shop while Raj Kumar brought iron rod. Tara Chandand Raj Kumar gave injuries to Hem Chand while Ram Singh gavelathi blows to Rati Ram. Alarm was raised by Rati Ram upon whichKanhayalal and Mangat Ram came. In the meantime Prahlad came havinga bamboo stick while Paras Ram was having a lathi and Ram Kishan camewith an iron Palta brought from the shop. At that moment Mawasi alsocame having an iron pipe with him and gave exhortation to teach them lessonand to kill them. Tara Chand snatched the Palta from the hand of RamKishan and used the same for inflicting injuries to Kanhayalal and MangatRam while Prahlad gave lathi blow to Mangat Ram and Paras Ram gave lathiblow to Kanhayalal. Ram Kishan inflicted lathi blow to Hem Chand andhereafter they escaped.