ASHOK KHATRI (IN J.C.) Vs. STATE

JUDGEMENT

(1.) Vide this common order three bail applications filed by Ashok Khatri, Raj Kumar and Anar Singh shall stand disposed of as all the three applicants- petitioners are co-accused person in Sessions Case No. 40/2007 and are facing trial for offences punishable under Sections 147/148/149/302/307/34 of Indian Penal Code (IPC) in FIR No. 497/2005, Police Station Model Town registered on the complaint of Smt. Meenu Rana wife of the victim Ajay Rana (since deceased) on 4.09.2005.

(2.) Allegations against the applicants as well as other co-accused persons are that on 3.09.2005 at about 9.30 P.M. accused Ashok Khatri, Raj Kumar, Anil, Anar Singh, Anand @ Dhammal, Shailender and Dharampal went to the house of Ajay Rana and Ashok Khatri asked Ajay Rana to come out of his house and questioned him as to why he was asking them to remove 'malba' (debris) from the street. Victim Ajay Rana told them that since they were constructing their house in front of his house, the malba was lying on the road which obstructed their way for ingress and egress of their house and therefore he had asked them to remove the mabla. On this accused Ashok Khatri asked his associates to kill Ajay Rana and Ashok Khatri took a sword from his father accused Dharampal and stabbed Ajay Rana on his head. When Ajay Rana tried to run away, he was caught hold of by co-accused Dharampal and Dhammal whilst co-accused Raj Kumar and Anil also attacked Ajay Rana with their respective swords. Complainant tried to save her husband but she was also pushed away and thrown on the floor. Accused Shailender also joined others and stabbed her husband Ajay Rana with the sword which he was carrying in his hand. Ajay Rana fell down on the spot. Upon hearing noise sister-in-law (jethani) of the complainant Bimla and her son Saurabh also came there. They all tried to save Ajay Rana but Anar Singh and Shailender also stabbed Bimla Rana on her head with their sword and she also fell down. Thereafter they all ran away from the spot. Deceased Ajay Rana and injured Bimla Rana were taken to Mann Hospital, Shakti Nagar and from there they were taken to trauma center, where Bimla was admitted and due to non availability of ventilator either in Mann Hospital or in trauma center Ajay Rana was taken to Sanjivini Hospital where Ajay Rana succumbed to his injuries.

(3.) Complainant Meenu Rana also made three supplementary statements before the police during the investigation of the case and in her supplementary statements she alleged that Anar Singh was carrying an iron rod in his hand which he had used to hit Ajay Rana whereas Anand @ Dhammal was having farsa with him.