SUNNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking regular bail in FIR No.111 dtd. 25/6/2019, initially registered under Ss. 323, 324, 506/34 IPC (Ss. 307 & 302 IPC added later on), registered at Police Station Rajaund, District Kaithal.

(2.) Learned counsel for the petitioner contends that the incident took place due to sudden quarrel over the dispute pertaining to embankment of agriculture field. The petitioner is alleged to have given a solitary blow with a spade (kasaula). He further contends that the FIR was initially registered under Ss. 323, 324 IPC and later on, Ss. 302 and 307 IPC were added as the deceased expired after 3 - 1/2 months of the incident. The petitioner is 23 year of age and is not involved in any other criminal case. He also contends that it would be arguable as to whether offence under Sec. 302 IPC would be made out in the afore-noted facts and circumstances. The petitioner is in custody for over 02 years and 04 months

(3.) Learned State counsel, upon instructions from SI Wazir Singh, contends that 07 out of 21 prosecution witnesses have been examined.