DEVI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE are two cross petitions being Criminal Miscellaneous Nos. 3669-M and 3826-M of 1986 which can be disposed of by a common order.

(2.) TROUBLE seemed to be brewing upon the premises of the Truck Union, Sirsa. Contenders to the office of the Union were Devil Lal and his companions on one side and Dharam pal Khanna and his companions on the other. It seems that the police had prior information about the expected trouble. A number of police men were present at the spot persuading the two parties to keep claim. However, trouble erupted and firing was reported to, Two men died at the spot and five others were injured. One of them died later in the hospital. It turns out to be that two men, namely, Dev Singh and Harbhajan Singh died from the group of Dharam pal Khanna and Maru Ram died from the group of Devi Lal. A.S.I. Amrik Singh was one of the injured persons. The First Information Report was given by Suresh Chand, Head Constable in which not many details were given by him as to the actual occurrence. However, he was able to say that, to begin with, Devi Lal, petitioner in Criminal Misc. No. 3669-M of 1986, was empty handed. At the same time, the name of Ajit Singh, petitioner in Criminal Misc. No. 3826-M of 1986, was conspicuously missing therein as a participator.

(3.) IT also stands admitted that the Court of Sessions granted bail to seven persons on the side of Devi Lal petitioner and four persons on the side of Ajit Singh petitioner. Devi Lal and Darbara Singh, accused, stand incarcerated on one side and Ajit Singh and balbir Singh stand incarcerated on the other. The preset twin effort is that both the aforesaid petitioner be released on bail on the premises that Devi Lal was specifically mentioned in the FIR to be empty handed and the name of Ajit Singh was conspicuously absent thereform. Later investigation was termed by both sides to be improvements made by the respective factions to spread the net wide.