SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) In an admitted criminal appeal preferred on behalf of the appellants, Subhash Chand, Krishan Kumar, Bal Krishan and Satish Kumar alias Sanju, wherein the appellant Subhash Chand stands convicted and sentenced for an offence under Section 302 of the Indian Penal Code and the other appellants under Section 302 read with Section 34 of the Indian Penal Code, appellants Bal Krishan and Satish Kumar are seeking bail during the pendency of the appeal on the ground that the genesis of the incident is ascribed to a quarrel which took place between appellant Krishan Kumar and Bal Krishan on the one hand and Sanjeev Kumar (PW. 10) and Manoj Kumar (PW.11) and deceased Anil Kumar on the other at 3 P.M. on 16.11.1994 on the question of playing cricket in the school ground. The two above named appellants Bal Krishan and Satish Kumar along with the other appellants Subhash Chand and Krishan Kumar were all standing in front of the house of Subhash Chand armed with lathis to waylay the deceased, and Sanjeev Kumar (PW.10) and Manoj Kumar (PW.11) as well.

(2.) ACCORDING to the said appellants prior to the occurrence Manoj Kumar had no unpleasant clash with the appellants and the fatal blow to deceased is attributed to the appellant Subhash Chand who does not figure in the episode and by relation is third degree collateral of Krishan Kumar and Bal Krishan appellants who were initially involved in the incident. Both the parties being young blooded youth might have clashed instantaneously without waiting for two hours to set the scores. There was a delay in lodging of the report which is fatal to the case itself. The place of occurrence had also been concealed and it is the blood stained earth which is to be examined to determine the blood group of the victim. In nut shell for grant of bail to the said appellants all the merits of the case have been again reiterated what are raised in the appeal as well.

(3.) IT was argued by Mr. Cheema learned counsel for the appellants that Bal Krishan and Satish Kumar did not cause any injury to the deceased and if at all any injury was caused by them that was to the prosecution witness.