SATVIR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above mentioned two petitions filed by Satvir, Krishan Kumar and Ravi seeking pre-arrest bail in case bearing FIR No. 678 dated 31.10.2001 registered under Sections 325, 307 read with Section 34 of the Indian Penal Code with Police Station, Sadar Gurgaon.

(2.) Present case came to be registered on the statement of Satbir Singh, complainant, who is a milk vendor by profession. According to his assertion on 27.10.2001 at about 7.00 p.m. after delivering milk at Gurgaon when he was returning to his village, he noticed petitioners-accused Ravi Dutt, Satvir and Krishan Kumar sons of Shish Ram Ahir arguing with his elder brother Not Ram. He asked them as to why they were fighting with his brother, upon which Krishan Kumar and Ravi said "are you Panch of the village". The complainant demonstrated as to why they were fighting with his brother. On hearing this Krishan Kumar caught hold of his hand and Ravi hit on his head with hockey, while Satvir pushed him as a result of which he fell down. Thereafter, he became unconscious. He was removed to the hospital. Initially case under Sections 325 read with Section 34 I.P.C. was registered but on the receipt of the medical report offence under Section 307 I.P.C. was added.

(3.) Learned counsel representing the petitioners accused while pressing for their bail mainly contended before me that report in this case came to be registered after three days of the alleged occurrence and the intervening time had been utilised by the complainant to put up a concocted and false story in order to rope in the petitioners. It was also pointed out by him that the injuries attributed to Ravi, petitioner had been got declared dangerous to life so as to deny the benefit of bail to the petitioners-accused.