SUSHIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order, I shall dispose of two petitions i.e. CRM-M- 39475-2021 filed by petitioner/accused ' Sushil Kumar and CRM-M- 25617-2021 filed by petitioner/accused ' Bhajan Lal for grant of regular bail in case FIR No.76 dtd. 18/5/2021, under Ss. 326, 323, 324,341, 147, 148, 149 IPC, registered with Police Station Odhan, District Sirsa.

(2.) Briefly stated, facts of the case as per prosecution version are that an FIR in this case was recorded on the basis of statement of complainant Raghubir Singh son of Ranjit Singh, aged about 34 years, resident of village Odhan, who inter alia stated that he is an agriculturist by occupation; on 17/5/2021 at about 11:15 a.m., he along with his cousin brother Maan Singh son of Shankar Lal was irrigating their field with canal water; in the meanwhile Bhajan Lal son of his paternal uncle Krishan Lal, with whom he had a land dispute along with his wife Suman, uncle Krishan Kumar, his wife Munni Devi and Shimla Devi armed with dandas (clubs) arrived at the spot and attacked them; Bhajan Lal having a KAPA hit the complainant on head, feet and left hand finger; when Maan Singh tried to intervene, then Sushil inflicted injuries to Maan Singh with KAPA; while complainant and Maan Singh were in the process of fleeing, then Suman, Munni Devi and Shimla caught hold of them and caused them further injuries; after the incident, all the assailants left the spot along with their respective weapons on their tractor; on coming to know about the incident, father of the complainant, namely, Ranjit Singh along with uncle of complainant namely Shankar Lal came to the spot, arranged conveyance and removed both the injured to Civil Hospital Odhan from where they were referred to Civil Hospital, Sirsa. They were subjected to x-ray examination and CT Scan. The matter was reported to the police.

(3.) On the basis of such statement of complainant Raghubir Singh, formal FIR was recorded. Both the injured were medically treated and medico- legally examined. As per the MLR of injured/complainant Raghubir Singh, he was found to be having six injuries caused with a sharp edged weapon, whereas in terms of MLR of injured Maan Singh, three injuries caused with sharp edged weapon were observed on his person. However, a chip fracture was found on left parietal bone, frontal bone and occipital bone of complainant with shaft tissue swelling. Therefore, injuries No.1, 2 and 4 on his person were declared to be grievous in nature, whereas injuries No.3, 5 and 6 were opined to be simple. Whereas CT Scan of injury on the hand of injured Maan Singh revealed a fracture in the finger.