ANGREJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 439 of the Code of Criminal Procedure (in short, the Code), seeking bail pending trial in the case FIR No. 90 dated 13th March, 1995 registered at Police Station, Sohana under Sections 302/120-B/34, IPC.

(2.) AS per the allegations made by the prosecution, the petitioner and one Ashok Kumar came and asked for food from the deceased without making any payment. The deceased refused to give them food as according to him, food has already been supplied to six of their colleagues but no payment had been made to him. It has further been alleged that the petitioner and Ashok Kumar felt offended and they went back and after a while they alongwith one Suresh Kumar who was armed with a pistol came to the Dhaba of the deceased. It is further alleged that after the deceased refused to supply food without charges, the petitioner and Ashok Kumar called upon Suresh to fire at Chander Parkash (deceased) on which Suresh fired at Chander Parkash who succumbed to the injuries.

(3.) MR . Dewan, learned AAG, however, submits that accused Suresh had fied at the deceased only after lalkara was given by the petitioner, and as such the petitioner is equally responsible for the murder in terms of Section 34 of the Indian Penal Code.