KHAZAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, in this case, has been arrested in connection with F.I.R. No. 68 dated 11.3.1996 under Sections 302, 307, 148, 149, 323 and 325 of the Indian Penal Code, Police Station Taoru and has given this application for being released on bail.

(2.) THE deceased in this case is Mohinder and the death is alleged to have been caused by the petitioner by running him over a tractor. The incident took place on 11.3.1996 and Mohinder died on 11.5.1996. It is contended by the complainant Subh Ram that on 5.30 p.m. petitioner and four others came at the place of occurrence armed with Jally and Lathies. They came on a tractor trolley with common intention and started to dig foundation further on the land on which shops are situated. He has also stated that the complainant restrained them from digging the foundation. Some other persons including his son also followed him (complainant) and all of them reached there. The complainant and others told that they had obtained the stay orders from the court of Sessions and further they they should stop the work immediately but the petitioner and others started abusing. It is also contended that Dharam said that they be run over by the tractor and finished and on this, Khazan son of Jai Narain started the tractor and run over Mohinder with the intention to kill him and Mohinder was hence crushed by the tractor.

(3.) THE petitioner has also received some injuries in the alleged incident and the injuries mentioned in the petition have not been disputed.