ARJUN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS -Arjun and Sham Lal sons of Sunder Singh, have directed the instant petition for the grant of regular bail in a case registered against them along with their other co-accused, by virtue of FIR No.217 dated 25.06.2012, on accusation of having committed the offences punishable under Sections 148, 341, 452, 307, 302, 149 IPC and Sections 25 & 27 of the Arms Act, by the police of Police Station Pundri, District Kaithal, invoking the provisions of Section 439 Cr.P.C.

(2.) NOTICE of the petition was issued to the State.

(3.) THE prosecution claimed that, main accused Lajpat has snatched the revolver from Arjun(petitioner No.1) and fired a shot, which hit Risab (deceased). Thereafter, Sham Lal(petitioner No.2) fired from his revolver, but shots did not hit anybody. In this manner, neither any injury nor any other specific role is attributed to the present petitioners by the prosecution agency. Initially, the police registered a case against thirteen persons. During the course of investigation, five accused were found innocent and the police submitted the final police report(challan) against only eight persons(accused) including the petitioners. It is not a matter of dispute that, Arjun(petitioner No.1) has received five gun shot injuries, whereas Sham Lal(petitioner No.2) sustained one gun shot injury and three other persons from their side have also sustained injuries in the same very incident. Meaning thereby, it is a case of version and cross- version and which of the party was the aggressor, would be a moot point to be decided during the course of trial by the trial Court.