LAWS(P&H)-2003-12-19

ANIL KUMAR Vs. STATE OF HARYANA

Decided On December 05, 2003
ANIL KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) ACCORDING to the prosecution case Kamal Singh and ex- military man, used his licensed. 12 bore double barrel gun and from the roof top of his house he shot and killed Phool Kumar, Maya Ram and Chattar Singh and injured Indra Ramesh and Phoolwati. He is alleged to have consulted and connived in this crime with his brothers Randhir, Baljit Singh and Attar Singh. The other accused named by the prosecution witnesses were Kamal's wife Ram Rakhi. Attar Singh's wife Maya and Baljit Singh's wife Urmila, Naresh son of Randhir and Anil son of Attar Singh (petitioner herein) were part of the group who collected on the roof when Kamal Singh started firing. The women are on bail and so also is Naresh. Part alleged to be played by the petitioner is similar to Naresh. Neither the women nor Naresh nor even Anil were part of the consultation which the main accused had held with his brothers. It is no doubt true that three men lost their lives and three persons were injured. Even though there are allegations that the petitioner and ladies had thrown bricks and stones at the complainant party but none of the deceased or the injured had received any injuries from the brick batting.

(2.) UNDER the circumstances, the petitioner who is 19 years of age is directed to be released on bail. He shall be released on his furnishing person bond in the sum of Rs. 50,000/- with two local solvent sureties in the like amount to the satisfaction of the Chief Judicial Magistrate, Bhiwani. Petition allowed.