MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, two petitions bearing Criminal Misc. No. M -21784 of 2011 and Criminal Revision No. 3453 of 2012 shall be disposed of.

(2.) CRIMINAL Misc. No. M -21784 of 2011 has been filed by the petitioner Mohan @ Mohni for seeking further investigation of the case by some independent agency preferably Central Bureau of Investigation, whereas, Criminal Revision No. 3453 of 2012 has been filed by State of Haryana to challenge the order dated 13.08.2012, whereby, the report submitted by the Special Investigation Team, constituted in pursuance of Order dated 02.11.2011 passed by this Court, has not been accepted.

(3.) BRIEFLY , the facts of the case as made out in the petition are that FIR No. 106 dated 28.02.2010 was registered at Police Station Narnaund, District Hisar on the basis of statement of one Ram Kesh alleging therein that Paras Ram, Om Parkash and their sons wanted to take illegal possession of the shamlat land and his ruries. A panchayat was also convened in this regard and the said persons were asked not to interfere in the possession. Then also, on 27.02.2010, at about 10.00 p.m., Paras Ram, Om Parkash, Vijender @ Kalu, Mala, Mohni, Bhilu, Krishan, Surender, Devi Ram, Navin, Sonu, Chand, Ganga Dutt and 4 -5 other persons reached at the place of occurrence armed with guns, pistols, lathies, jailies and kassies for constructing a wall in the light of generator in order to take possession of shamlat land and ruries of the complainant. The said construction was opposed by the complainant and others, pursuant to which the accused persons started firing and pelting stones on the complainant party, resulting into infliction of injuries on Sanjay, Manoj @ Vinod, Azad, Sunder, Kuldeep, Balraj, Mawasi, Mahipal, Parvel, Pirthi and complainant. After hearing the gunshots, certain other persons of the locality also gathered there and on seeing them, all the accused persons ran away from the spot. Thereafter, the injured were taken to PGIMS, Rohtak by arranging a vehicle and were got admitted there but Manoj @ Vinod succumbed to injuries during his treatment.