RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Ramesh son of Dhoop Singh alias Dhoopa, has instituted the instant petition for the grant of concession of regular bail, in a case registered against him along with his other main co -accused, namely, Sona s/o Ramesh, Chand s/o Sunehra and Deepak s/o Rajbir etc., vide FIR No. 7 dated 9.1.2013, on accusation of having committed the offences punishable under section 302 read with Section 34 IPC and Section 25 of The Arms Act by the police of Police Station Safidon, District Jind.

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

(3.) INITIALLY , the prosecution claimed that on 9.1.2013 at about 10.15 AM, as soon as, complainant Ishwar Singh was going towards Seenk Road from his house, in the meantime, he noticed that main accused Sona s/o Ramesh caught hold of his brother Vicky alias Vikram, whereas other main accused Chand son of Sunehra fired several gun shots, culminating into his death at the spot. It was claimed that subsequently, the complainant has also noticed the petitioner and one unknown boy running from the spot on their motorcycle and they were firing shots. It has specifically been mentioned in the initial version that main accused Chand and Sona were having pistols, caused the murder of Vikram (deceased) and slipped away from the place of occurrence on their motorcycle with their respective weapons. Meaning thereby, the main role and fatal injuries are attributed to main accused Sona and Chand. In that eventuality, as to whether the provision of vicarious liability, as contemplated u/s. 34 IPC is attracted to the facts of this case against the petitioner or not, inter -alia, would be a moot point to be decided during the course of trial by the trial Court.