MUKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Criminal Miscellaneous No. 51675-M of 2001 Mukesh v. State of Haryana, 1999 2 RCR(Cri) 550 and Criminal Miscellaneous No. 10428-M of 2002 (Ramu alias Rameshwar and another v. State of Haryana) filed by the petitioners under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) praying for grant of bail in case bearing First Information Report No. 224 dated 2.5.2001, under Sections 302/307/452/34, Indian Penal Code, and Sections 25/27 of the Arms Act registered at Police Station Sadar Fatehabad, as these relate to the same occurrence.

(2.) The present case was registered on, the statement of Smt. Krishna Devi widow of Manphool Singh resident of Alipur Barata On the night intervening 1st/2nd May, 2001, complainant Krishna along with her mother-in-law was sleeping in the Court-yard of her house. Her brother Paras Ram was sleeping in the outer Court-yard and her brother-in-law Raj Pal and one Om Parkash were sleeping on the roof of the house. At that time, she heard a noise of fire-shot and woke up. She went upstairs and was followed by Paras Ram. Both of them saw accused Chhotu Ram firing a shot at Raj Pal, brother-in-law of the complainant. Accused Bablu fired a shot at Om Parkash Accused Pavan also fired a shot at Paras Ram. After causing injuries, all the accused ran away from the spot after getting down through a ladder affixed on the rear portion of the house by means of which they had climbed over the roof. Both Raj Pal and Om Parkash succumbed to the gun shot injuries suffered by them.

(3.) The investigation of the case was taken by Inspector Vijay Kumar. It transpired during investigation that petitioners-accused Mukesh, Ramu alias Rameshwar and Mohan Singh and one Bikram Singh, armed with weapons, were also present near the place of occurrence at that time and they too had conspired with the accused in the commission of the crime. The petitioners were arrested, on 12.5.2001. During interrogation, petitioner-accused Mukesh suffered a disclosure statement on 13.5.2001 an got recovered one gun of 12 bore and 12 live cartridges from the bushes located in the area of the looted property belonging to Bedi Gun House, Fatehabad Accused Ramu alias Rameshwas also, in pursuance of his disclosure statement, got recovered one gun and 100 cartridges from the bushes located in the area of village Phulla. This gun was also found to be part of the looted property belonging to Bedi Gun House, Fatehabad Similarly, accused Mohan Singh, pursuant to the disclosure statement suffered by him, got recovered three guns from the bushes located in the area of Village; Phulla, which were also part of the looted property belonging to Bedi Gun House, Fatehabad.