AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Amit, who was juvenile at the time of commission of the alleged offence, has filed this petition under Section 439 of the Code of Criminal Procedure read with Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as `the Act'), for the grant of regular bail in case FIR No. 261 dated 12.7.2005 under Sections 302/323/34 IPC and Section 25 of the Arms Act, registered at Police Station Chandni Bagh, Panipat.

(2.) I have heard counsel for the parties and gone through the FIR as well as the order dated 20.1.2006, passed by Additional Sessions Judge, Sonepat, whereby bail application of the petitioner has been dismissed.

(3.) As per the prosecution version, on the date of alleged occurrence, a Satsang was to be performed in the house of the complainant and when he was cleaning the space in the street in front of his house, Shankar (father of the petitioner) started abusing the complainant and his children under the influence of liquor. When the complainant and his children protested, Kala son of Shankar gave a blow with iron rod on the head of the complainant. After getting his treatment, the complainant reported the matter to the police. Thereafter, the complainant distributed Parsad after completion of the Satsang and when his mother-in-law and brother-in-law Vipin were ready to go and were passing in front of the house of Shankar, Kala gave a hammer blow from behind on the head of Vipin. It is further alleged that petitioner Amit gave sword blow on the left side of eye of Vipin. The other co-accused, namely Sumitra and Meenakshi wife and daughter of Shankar inflicted injuries with iron strip and hand pump handle on left thumb and left side ribs of the complainant. It is alleged that due to hammer blow, Vipin had fallen down and subsequently, he died. As per the prosecution version, the main accused is Kala co-accused, who gave hammer blow on the head of the deceased.