BABU @ AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner seeks regular bail in a case registered against him for the offences under Sections 148, 149, 323, 324, 302, 216 and 120-B IPC at Police Station Ambala City, District Ambala.

(3.) The FIR in the case has been registered on the statement of Tarvinder Singh @ Bunty. The complainant and his brother Amnender Singh @ Baba were looking after their household affairs. About three months' earlier to the incident which occurred on 6.11.2009 outside the S.A. Jain College, Ambala City, Sahil son of Chander along with his many friends had fought with the complainant and he (Sahil) had received injuries. After police investigation, the petitioner and his brother were released on bail. Due to this Sahil had nursed a grudge against them and was repeatedly threatening the complainant and his brother. On 6.11.2009 at about 12.00 noon, the complainant and his brother Amnender were riding on a motorcycle of the friend of the complainant namely Sunny. They were going to enquire about Prabhbir son of Amnender who was studying in nursery in Saint Joseph School, Preet Nagar, Ambala. When they reached in front of DAV College, Ambala then Amit, Sahil, Monty, Surender @ Chotu, Radhey and his brother Rohit, Babu @ Amit (petitioner), Aman @ Billa, Aman @ Paharia, Raja and 4-5 other boys stopped them. They (assailants) said that this was the right time to take revenge of the fight that took place at the Jain College. By saying this, Sahil and Radhey raised Lalkara and asked Bunty and Baba @ Amit (petitioner) to encircle the complainant and scores be settled. All the assailants were carrying small/big swords. The complainant saw Sahil and Monti were having small swords and on raising Lalkara all the assailants pulled down the complainant and his brother Amnender from their motorcycle and encircled them. They attacked the complainant and his brother Amnender with swords in their hands. Since at the spot there were many in number who had attacked the complainant, hence the complainant could not see as to who was attacking whom. Due to the sword blows, the complainant received injuries on both his hands, on both knees, on the left elbow and on the head. The complainant and his brother in order to save their life ran towards the badminton hall of DAV College, Ambala. The complainant fell down near the cycle stand while running and his brother Amnender ran towards the badminton hall. At the spot, all the assailants raised lalkara of 'mar dalo mar dalo' and some people were shouting 'bachao bachao'. While Amnender (brother of the complainant) was running, the assailants caused several injuries with swords to him and blood was oozing out from his head, waist and from different parts of his body and he (brother of the complainant) in order to save his life entered inside the badminton hall of DAV College, Ambala and all the assailants also entered the hall after him and killed him. The complainant tried to save his brother till the end but being alone he could not do anything. In the hall, the complainant tried to intervene between his brother, but they did not allow the complainant to come forward. The brother of the complainant fainted at the spot. The complainant also could not stand on account of the injuries. All the attackers after believing that they had killed the complainant and his brother ran away from the spot along with their respective weapons. The friend of the complainant namely Sunny shifted the complainant to Civil Hospital, Ambalal City with the help of other persons. The complainant was informed that his brother Amnender had died. The above-said assailants who were armed with swords, it is stated, had caused injuries to the complainant and his brother. The complainant had suffered many injuries on different parts of his body. His brother Amnender had died on account of the injuries suffered by him. It was requested that legal action be taken.