KRISHAN @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard.

(2.) Petitioner-Krishan @ Kala has filed this petition petition under Section 439 of the Criminal Procedure Code, for releasing him on bail for the offences under Sections 302 and 307/34 IPC and Section 25 of the Arms Act, 1959, in respect of which FIR No. 315 dated 13.6.2009 was registered at Police Station Civil Line, Sonepat, and for which he is standing his trial before the Additional Sessions Judge, Sonepat. This FIR was got lodged by Attar Singh. He narrated therein that on 12.6.2009, there was a verbal quarrel of the present petitioner and Rishi with Bimla. To inquire about the well being of Bimla, he accompanied by Sumit and Jitender went to her house and at that place Kala and Rishi started abusing them and showed their determination to get their house vacated from Bimla. After giving a piece of advise they came back. After some time at about 12.15 PM, the petitioner and Rishi armed with small daggers came in front of the house of Bimla and started abusing them. They asked them as to how they have come to intervene in the matter. Then Rishi gave a blow with the small dagger in the abdomen of Sumit with an intention to cause his death. Then the present petitioner gave a blow with the small dagger on the right side of the chest of Jitender. After causing those injuries, both these accused escaped from the spot and as a result of the injuries so received by Sumit, he died, whereas Jitender was removed to the hospital, where he was medically examined and one injury was found on his person. The same was subjected to x-ray examination. After the receipt of the surgical opinion that injury was described as dangerous to life.

(3.) From the contents of the FIR and the evidence, which has been collected during the investigation, there are reasonable grounds for believing that the present petitioner committed the offences punishable under Sections 302 read with Section 34 and 307 IPC. Keeping in view the gravity and heinous nature of the crime and the circumstances in which the same was committed, I do not find any ground to release the petitioner on bail.