RAJPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail in case F.I.R. No.645 dtd. 21/11/2017 registered under Ss. 148/149/302/323/506 IPC (Sec. 201 IPC added later on) at Police Station City Mohindergarh, District Mohindergarh.

(2.) After being declined bail by the trial Court, petitioners before this Court seek their release as undertrial in case bearing FIR No.645 dtd. 21/11/2017, registered under Ss. 148, 302, 323, 506 read with Sec. 149of the Indian Penal Code, 1860 (for short 'IPC'), (Sec. 201 IPC added later on) at Police Station,City Mohindergarh, District Mohindergarh.

(3.) Per prosecution, complainant Kamal Singh stated on 15/11/2017, at about 8.00 p.m.his cousin Satyawan, who plies an auto-rickshaw, came to his house and when he was parking his rickshaw, suddenly some co-villagers, namely, Ram Kishan @ Subhash, Rajpal, Gulab, Krishan (petitioner No.2), Sunita (petitioner No.1) and Sangeeta, armed with lathi, Jailly and axe, came there and in his presence openly attacked Satyawan, now deceased. Co-accused Ram Kishan @ Subhash, who has wielding an axe in his hand, hit Satyawan on his head, whereas Rajpal and petitioner No.2-Krishan gave Jailly blows to Satyawan. He, his father Dhanpat and brother Manish tried to rescue him but the assailants started giving physically assaulting them also. Co-accused Gulab gave Jailly blow to his father while petitioner No.1-Sunita and co-accused Sangeeta inflicted injuries with lathi and they also pelted stones at them. The assailants were in inebriated condition at that time. Complainant, along with his family members and Manjeet son of Rohtash took Satyawan to Government Hospital, Mohindergarh, but the doctor on duty, referred Satyawan to PGIMS, Rohtak. During treatment, Satyawan succumbed to his injuries in PGIMSRohtak.