BALKISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the second petition filed by the petitioner before this Court seeking his release as an undertrial in a case bearing FIR No. 0433, dtd. 28/9/2020, registered under Ss. 302, 323, 325, 452, 506, 147, 148 read with Sec. 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), at Police Station, Narnaund, District Hisar. The earlier petition filed by the petitioner was dismissed as withdrawn vide order dtd. 12/7/2022 (Annexure P-2) passed in CRM-M-1795-2022.

(2.) According to the prosecution's account, Ram Mehar (complainant) got his statement recorded to the effect that on September 27, 2020, at about 6:30 p.m., his son Lokesh, along with his friends Vicky, son of Krishan, and Raju, son of Rampal, went for a walk. When they reached near the office of the Fire Brigade in Narnaund, Parmod, son of Suresh, and Rahul, son of Balraj, met them and slapped and punched his son Lokesh without any reason. Friends of his son and passers-by intervened, and the matter was pacified. Thereafter, his son Lokesh came home, and his friends also left for their respective houses.Later, at about 7:30 p.m., Balraj, Chidya, Rahul, Nasib, Bal Kishan @ Mangat (petitioner), Bantu, Vishal, the wife of Bal Kishan, Purushotam, Suresh, Kamlesh, Dev Raj, Jindal, Rahul, Parmod, Kanhya, Aman, Rohit, Sombir, Ajay, along with 8-10 other individuals armed with lathis, dandas, gandasis, and knives, came to their house and started verbally abusing them. Parmod, Rahul, and Vishal dragged out his brother Ram Kumar onto the street, and all the accused attacked Ram Kumar. Upon hearing the commotion, Hari Chand, Karambir @ Karmu, Bala, Sachin @ Som Nath, and other family members came to the scene to rescue them. Rahul struck a blow to his nephew Karambir @ Karmu's head with a lathi, followed by Kanhya striking a gandasi blow to his uncle Hari Chand's head. Jindal and Suresh struck gandasi blows to his nephew Som Nath @ Sachin's head and shoulder. Chidya, Kamlesh, and the wife of Bal Kishan struck danda blows to his sister-in-law (Bhabi) on her leg and back. Vishal struck a knife blow to his brother Ram Kumar's left side of the abdomen, and Parmod struck a gandasi blow to his brother Ram Kumar's head. The petitioner then inflicted a gandasi blow to his brother Ram Kumar's head, and all the accused attacked other members of his family. When local residents arrived at the scene, all the assailants fled with their weapons, threatening to kill them if they got the chance in the future. All the injured individuals were taken to the hospital. Due to the precarious condition of his brother Ram Kumar, he was transferred to Civil Hospital, Hansi, where he was declared brought dead. FIR was registered. An investigation was carried out. During the investigation, accused Rohit, Ajay, and Sombir were found innocent. Further investigation led to the addition of Sec. 325 IPC upon receiving the X-ray report. On 1/10/2020, the petitioner and coaccused Jindal were arrested. Based on the disclosure statement, the petitioner's Danda, which was used during the incident, was recovered.

(3.) Learned counsel for the petitioner contends that according to the post-mortem report, the deceased died due to abdominal injury, which contradicts the prosecution's claim that the petitioner struck a gandasi blow to the deceased's head, which was not the fatal injury as per the post-mortem report. The complainant also mentioned an earlier dispute between the two families, suggesting that the petitioner has been falsely implicated in this case.