SHRIMATI RAM PIARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application filed on behalf of Ram Piari and her son Daljeet. They have been arrested in a case under section 302 read with section 34 of the Indian Penal Code. According to prosecution allegations, each of them was armed with a Daily at the time of occurrence. Their co -accused Jagjeet, who is also son of Ram Piari, was said to be armed with a gun.

(2.) THE brief facts, according to the first Information Report, are that Randhir Singh had two wives, namely, Phoolan and Ram Piari (accused). Phoolan had given birth to two daughters and 3 sons. The relations between Phoolan and Ram Piari were not good. Ram Piari had in her mind that in case Phoolan's children were finished, then the entire property would go to her (i.e. Ram Piari's) issues. For that object she made a scheme with her sons Jagjeet and Daljeet. On 30th May, 1983, at about 7 P.M. Kuldip, Baljeet and Phoolan's mother, who was also living with the complainant party for the last 2 years, were working in the field while Phoolan was tethering she -buffaloes. Ram Piari was sitting on a cot alongwith Jagjeet and Daljeet. Jagjeet went inside the house and brought the gun of his father and fired a shot which hit Phoolan's mother. Jagjeet then fired at Phoolan. Ram Piari and Daljeet armed themselves with Jailies and they used their weapons in the occurrence in which 4 deaths took place, namely of Phoolan, her two sons, Baljeet and Amarjeet, and Chanderpati, mother of Phoolan. Kuldip, another son of Phoolan and the latter's daughter Iqbala received injuries. Besides other injuries all the deceased and fire -arm injuries also. The First Information Report was lodged by Iqbala.

(3.) THE learned counsel for the petitioners argued that Daljeet was aged below 16 years at the time of occurrence and, therefore, in view of the Haryana Children Act he should not be detained in prison. To support his argument about the age of Daljeet, he relied upon the date of birth given in the school admission register. According to that register, his date of birth is said to be 5th June, 1968. It is well settled the date of birth recorded in the school admission register is seldom reliable. In the First Information Report, Iqbala gave the age of her step -brother. Daljeet as 17 or 18 years. The order of the learned Sessions Judge, Hissar, who rejected the bail application of the present petitioners, shows that Randhir Singh had filed an affidavit to the effect that his son. Daljeet was aged about 17 years. In view of the above it is very difficult to hold that Daljeet was below 16 years of age at the time of the occurrence and consequently he cannot be granted bail on this account alone. At the time of commitment or trial Daljeet can take objection about his age and I am sure that the court concerned will grant him opportunity to lead proper evidence about his age.