JEET SINGH Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) The present order shall dispose of Criminal Misc. No.M- 9916 of 2013 titled as "Jeet Singh v. State of Haryana" and Criminal Misc. No.M-14518 of 2013 titled as "Satbir Singh v. State of Haryana" since both the petitions are arising out of the one and the same FIR and the prayer in both the petitions is for grant of bail to the petitioners.

(2.) The facts of the case are being narrated from the petition titled as "Jeet Singh v. State of Haryana". Prayer in these petitions are for grant of regular bail to the petitioners, Jeet Singh and Satbir Singh, who have been booked for having committed the offences punishable under Sections 201 and 302 read with Section 34, IPC, in a case arising out of FIR No.226 dated 29.09.2012, registered at Police Station, Kherki, District Gurgaon.

(3.) As per prosecution, the FIR in the present case was registered on the statement of Subhash, son of Mahender, on 29.09.2012 wherein, it was alleged that the petitioners went to the house of the complainant and took away Mahender Singh (since deceased), the father of the complainant. The complainant and other family members kept on waiting for Mahender Singh but he did not come. At about 9.00 p.m., the complainant received a call on mobile No.9650726826 from petitioner, Satbir Singh, that they had murdered the father of the complainant and his dead body was lying near the bus stand of village Bhagrola. After hearing the said mobile call, the complainant became perplexed and he along with his brother, Balwinder Singh, uncle Banwari, Vikas, Ranjit Singh and Sanjay reached the above-stated bus stand of village Bhagrola but he was not found there. After some time, younger brother of the complainant gave a call on the mobile of Jeet Singh and asked about the whereabouts of his father. Jeet Singh replied that they had murdered him (Mahender Singh). In spite of search operation throughout the night, Mahender Singh could not be traced out. On the next day, the complainant in the company of Gulvinder and Ranjit Singh went to the house of Jeet Singh and enquired about Mahender Singh but did not get any satisfactory reply. The complainant and his companions again went in search of Mahender Singh and found his dead body in front of a godown situated between village Kankrola and Bhagrola. There were multiple injuries on the body of Mahender Singh, blood was oozing and the clothes were torn. It was further alleged that Satbir Singh and Jeet Singh had forcibly administered liquor and caused injuries to Mahender Singh. The motive for commission of murder was that Satbir Singh was nourishing a grudge against Mahender Singh due to family issues. After registration of the case, the Investigating Agency got the autopsy conducted from a team of doctors at the Govt. Hospital, Gurgaon. The doctors found a bruise of 3 x 2 cm above left upper lip which was dark raddish in colour; another defuse bruise was detected on the back near buttocks. The cause of death was to be given after receipt of the reports from the Forensic Science Laboratory and that of Histopathologist. After completion of the investigation, the chargesheet (report under Section 173, Cr.P.C.) was presented and the petitioners were chargesheeted for the offences punishable under Sections 201 and 302 read with Section 34, IPC.