SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner seeks regular bail in a case registered against him on 17.12.2003 alleging the commission of offences under Sections 148/149/323/452/302 IPC and Section 25 of the Arms Act.

(3.) The FIR in the case has been registered on the statement of Gulabo wife of Hari Om. It is alleged by her that on 17.12.2003 she was present at her house. Dharmender who is sister-in-law's son of the complainant had come there. At about 12 O' clock during the day time somebody knocked at the door of their house and the gate was opened by the complainant Gulabo. In the street she saw Ram Kumar son of Parse, wife of Parse, Ram Kishan son of Parse, Siti and Sunita both daughters of Ram Kumar were standing at the door. As soon as the door was opened all the four women attacked the complainant-Gulabo and pushed her inside her house while beating her. At that time, Ram Kumar son of Parse, Vinod resident of Bawana his son-in-law, Jite of village Ahulana, Shamsher son of Sher Singh, Ashok son of Pyare who had pistols along with Jai Bhagwan, Ram Kishan, Nanha son of Inder, Ram Chander son of Pyare, both sons of Raj Singh i.e. Mota and the younger one entered the house. Jai Bhagwan, Ram Chander, Mota and his brother caught hold of Dharmender son of the sister-in-law of the complainant while he was lying on bed and took him to courtyard from the room. The complainant tried to intervene but the four women caught hold of her and threw her on the floor and kicked and slapped her. In the Courtyard, Dharmender son of the sister-in-law of the complainant was shot at indiscriminately by Ram Kumar, Vinod, Jite, Shamsher and Ashok from their pistols. He fell in the courtyard on receiving bullet injuries. Then Ram Kumar said his work had been finished. He then asked the complainant as to where was her mother-in-law. The complainant replied that she did not know, Ram Kumar then said that she must be in the 'Gher'. Then all of them went running towards the 'Gher'. The complainant took care of Dharmender but he had died due to the bullet injuries. Then she ran after the accused and reached their 'Gher'. Then wife of Ram Kishan, wife of Ram Kumar, Siti and Sunita both daughters of Ram Kumar had caught hold of the sisterin- law of the complainant namely Birmati, Sunita daughter of Balwan, Sarita daughter of Randhir were with the mother-in-law of the complainant in the 'Gher'. Jai Bhagwan @ Baba, Ram Chander, Nanha, Mote and his brother encircled the mother-in-law of the complainant, namely, Chameli, and Ram Kumar, Vinod, Jite, Shamsher and Ashok shot at her indiscriminately. Mother-in-law of the complainant fell on the ground due to bullet injuries. All the assailants then fled away. The cause of enmity was that in 2001, the husband's elder brother (Jeth) of the complainant was murdered by Ajay Vir @ Tani son of Ram Kumar, his brother in law (Jija) Vinod and Jita of Ahluana by shooting him in the fields. The mother-in-law of the complainant namely Chameli was to depose in the Court on the next day of the incident.