RAKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in FIR No.318 dated 22.06.2017 under Sections 148, 149, 302, 341 IPC (report under Section 173 Cr.P.C. was presented under Sections 302, 323, 325, 341, 34 IPC), registered at Police Station Sadar Bahadurgarh, District Jhajjar.

(2.) Brief facts of the case, as per allegations in the FIR, registered at the instance of complainant Krishan, are that he is resident of Village Soldha, Tehsil Bahadurgarh, District Jhajjar. They were two brothers and Rajesh (since deceased) was his elder brother. They were residing separately along with their respective families. On 22.06.2017, his brother Rajesh along with his wife Parmila had gone to their fields to bring fodder on the motorcycle. He had also gone to the fields for walking and at about 06.30 am, while he was coming back and reached about half acre away from the office of Sonu Chairman, his brother Rajesh and his wife Parmila passed him on their motorcycle and when they reached in front of office of Sonu Chairman, petitioner Rakesh along with co-accused Ram Kumar, Mukesh son of Ram Kumar, Jai Karan son of Sher Singh, Sunder son of Azad Singh, Suman wife of Jai Karan and Sukhbiri wife of Ram Kumar, all residents of Village Soldha, who were sitting behind the office, while concealing their presence, pelted stones on his brother Rajesh, due to which he and his wife Parmila fell down along with motorcycle and then petitioner Rakesh gave a jailly blow on the neck of his brother Rajesh. Thereafter, Mukesh son of Ram Kumar gave a jailly blow on the chest of his brother Rajesh and co-accused Ram Kumar also gave a jailly blow straight in the neck of his brother Rajesh on the right side and Jai Karan son of Sher Singh, Sunder son of Azad Singh, Suman wife of Jai Karan and Sukhbiri wife of Ram Kumar, who were armed with jailly, spade, danda and lathi, also started giving beatings to him. Complainant Krishan rushed to the spot to save his brother Rajesh and tried to save him but petitioner Rakesh gave a jailly blow on his left ankle, whereas Sunder son of Azad Singh gave many blows with handle of spade to his brother Rajesh and when he along with his sister-in-law Parmila raised the alarm, upon which his nephew Rohit son of Rajesh reached at the spot and on seeing several persons coming towards the place of occurrence, the accused persons fled away from the spot along with their respective weapons. He shifted his brother Rajesh to General Hospital, Bahadurgarh, where he was declared brought dead. On this statement, a formal FIR under Sections 148, 149, 302, 341 of IPC was registered. During the investigation, petitioner Rakesh and co-accused Ram Kumar were arrested on 27.06.2017 and in pursuance of their disclosure statements, the police recovered the jaillies used in the commission of offence from the place of their concealment. In this case, the offences under Sections 148 and 149 IPC were deleted and later on, the offences under Sections 323 and 325 IPC were added along with Sections 302 and 341 IPC. During investigation, the police found Mukesh son of Ram Kumar, Jai Karan son of Sher Singh, Sunder son of Azad, Suman wife of Jai Karan and Sukhbiri wife of Ram Kumar innocent. After completion of investigation, challan was presented before the trial Court.

(3.) Learned senior counsel for the petitioner has argued that the material independent witnesses, including the complainant and the injured witnesses stand examined and they have not supported the prosecution version. Learned senior counsel has referred to the statement of PW1 Krishan-complainant, who, in examination-in-chief, has specifically stated that petitioner Rakesh son of Jai Karan was having a jailly in his hands and gave a blow on the left side of neck of his brother (deceased Rajesh) in presence of PW Mukesh and PW Parmila, wife of deceased Rajesh, however, examination-in-chief of this witness was deferred and thereafter, when he was recalled for further examination-in-chief, he stated that he has seen accused persons Ram Kumar and Rakesh through video conferencing and they are not the persons, who caused injuries to deceased Rajesh and his wife Parmila. This witness was declared hostile and was confronted with his statements Ex.PW1/A and Ex.PW1/C, wherein it was recorded that his brother (deceased Rajesh) sustained injuries at the hands of petitioner Rakesh.