PARVEEN GORE Vs. STATE

JUDGEMENT

(1.) These two petitions have been filed under Section 439of Code of Criminal Procedure for release of the petitioners on bail. Cr. M(M)247/93 has been filed by accused Maninder Singh @ Picky and Crl. M(M)339/93 has been filed by accused Praveen Gore @ Bittu. Since both thepetitioners were arrested in connection with the same case FIR No. 292dated 10/11/1992 P.S. Sarai Rohilla, I am disposing of both thepetitions by a common order.

(2.) Briefly stated the facts of the case are that the abovementionedFIR. was registered at the instance of one Rajesh Kumar. According to thesaid complainant, on 10/11/1992 he and other members of EktaCricket Club were playing cricket in Gymkhana Ground, New Delhi whenthey were stopped by boys of Inborn Cricketers Club. At about 12.00 noon,the complainant went to the office of I.O.W. for drinking water from thetap where he exchanged some hot words with the brother of accusedManinder Singh. When he went back to the ground, Maninder's brothercalled the boys of Inborn Cricketers Club and pointing towards complainantsaid that he quarelled with him. At this both the petitioners alongwithco-accused Manjit and Jaipal came there and exhorted "catch bold of him".It is alleged that accused Jaipal who was holding a wicket in his hand gaveone blow on the head of the complainant and accus Praveen Gore whowas carrying bat also beat the complainant. On seeing the complainantbeing beaten, Alok Kumar (deceased) who belonged to the team of the complainant came to rescue him. Then accused Manjit and Maninder Singh@ Picky said that he should also be beaten. It is further alleged that Manjit,Picky (Maninder Singh) and Bittu (Parveen Gore) who were parrying intheir hands wicket and bat started beating Alok. Meanwhile. the complainant started bleeding in his head. I Thereafter I accused Jaipal startedbeating Alok Kumar who fell down unconscious' Alok was taken toR.L.M.L. Hospital and the complainant also reached the hospital. On11.11.92 Alok scummbed to his injury.

(3.) As per M.L.C., the injury on the person of the complainant wassimple caused with a blunt object. The post-mortem report of the deceasedAlok indicates that "the scalp showed massive effusion and clotted bloodall over skull............brain also showed massive sub-dural clot all over thebrain surface." The cause of death in terms of the said report is :-