DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in a case registered vide FIR No. 243 dtd. 18/8/2020 under Ss. 148, 149, 201, 302, 506/120-B IPC and Sec. 25, 27, 54, 59 of the Arms Act, 1959 at Police Station Israna, District Panipat.

(2.) The FIR in question was lodged at the instance of Parveen wherein it is alleged that on 14/8/2020 Dharambir (petitioner) had lodged a written complaint against Vikas, Satish and others regarding dacoity at a hotel being run by him and for causing hurt to him and to others at his hotel (Dharam Hotel) and in respect of which FIR was lodged. It is alleged that on 17/8/2020 at about 1:30 p.m. Vikas came at R.O. Water Plant of complainant's brother Manish and told him that he wanted to discuss the matter regarding the FIR lodged by Dharambir for the purpose of negotiating a compromise and requested Manish to accompany him. On the asking of Vikas, the complainant's brother Manish, his brother-in-law Rajesh, Satish and the complainant himself went alongwith Vikas for the purpose of getting some compromise effected with Dharambir and others. As soon as the complainant and others reached near the house of Dharambir, they found that Dharambir, Dharampal, Rajbir, Ajay, Vijay, Dharampal's wife, Rajbir's wife, Sumit, Sandeep and 8-10 other persons were present in the street who were armed with weapons, lathis and sticks. All of them entered into a verbal spat with the complainant party and started beating them. It is alleged that Rajbir was carrying a revolver in his hand, Dharambir was carrying "gandasi', Dharampal is also stated to be carrying "lathi'. All others were also armed with sticks. Upon seeing the complainant and others, Dharambir raised a lalkara exhorting his companions that the complainant and others be taught a lesson on account of having raised a quarrel with them at their "Dhaba' and that they should not be spared. It is alleged that Rajbir started firing from his revolver at complainant's brothers Manish and Satish and on account of which they fell on the ground. While they were lying fallen, Dharambir gave "gandasi' blow to Satish and all other persons also started causing injuries to Manish and Satish. Although, the complainant and others tried to rescue Manish and Satish but the accused threatened to attack them as well and the complainant and others saved their lives by fleeing away. Manish and Satish who received gunshot injuries and other injuries died at the spot.

(3.) The learned counsel for the petitioner has submitted that it is a case where the occurrence admittedly had taken place outside the house of the petitioner when the complainant and others had come there late in the night at about 10 p.m. and as such, it can safely be said that fight, if any, had taken place on account of aggression on part of the complainant party.