JUBER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case was taken up for hearing through video conferencing.

(2.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C. in case bearing FIR No.213 dated 14.06.2019, registered under Sections 147, 148, 323, 302, 506 IPC at P.S. Punhana, District Nuh.

(3.) As per prosecution case, the FIR was lodged by Fajjar son of Mohd. Khan in respect of murder of his son Mubarik. As per allegations, on 14.06.2019 at about 11.00 A.M., the complainant and his son Mubarik were irrigating their fields. About 2-3 killa away, they heard some noise of quarreling near the houses of petitioner, Abdeen and Hassan etc. On hearing the noise, complainant and his son Mubarik reached at the spot, where they met Jahul, Azad, Juber (petitioner), Rajaoon, Abdeen, Shahid, Abbas, Fakru and Sahun. The aforesaid persons on seeing the complainant and his son exhorted that rivals have come. Jahul exhorted that to settle old account, they be not left scot free. All the aforesaid persons in connivance with each other, attacked upon the complainant and his son Mubarik with lathi, danda, iron rods and stones. Jahul gave lathi blow which hit on the left leg of son of the complainant. Fakru hit a stone blow on his left toe. Juber hit stone blow on the son of complainant which hit on his forehead and nose. Sahid gave stone blow with hit backside of neck of son of the complainant. Son of the complainant fell down at the spot. When the complainant tried to help his son, then Abdeen and Abbas gave lathi and iron rod blows from backside which hit on the ear and temple of the complainant. When the complainant raised alarm, then his brother Saresh, Hassan and Sharif came on the spot and rescued them from the clutches of the assailants. Mubarik ultimately died.