RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal Misc. Petition No. 23043 -M of 1998 whereby Rajesh Kumar petitioner is claiming bail in case F.I.R. No. 95 dated 23.3.1998 registered under Sections 302/328/34 of the Indian Penal Code at Police Station, Ismailabad District Kurukshetra.

(2.) PROSECUTION case in brief is that Sunil Kumar aged 20 years was the son of Dharam Singh son of Barkha Ram. Sunil Kumar and Gurmej Singh son of Janak Singh residents of Village Mailan, District Ambala had been working since 1 -1/2 years prior to 3/1998 at the motor garage of Naresh Kumar son of Rameshwar Dass resident of village, Jharoli Khurd. That motor garage was owned by said Naresh Kumar being run under the name and style of Billa Motor Garage. They were working as mechanics with him. Difference arose between Sunil Kumar and Gurmej Singh on the one side and Naresh Kumar on the other side and they left the job on 15.12.1997. Thereafter Sunil Kumar and Gurmej Singh worked for some days at Shahbad. They left that job also and came to him. On 25.12.1997, Naresh Kumar mechanic and his friend Rajesh Kumar came to the house of Dharam Singh (first informant) and took away Sunil Kumar with them at about 8.30 A.M. promising that they would provide him work. That very day i.e. 25.12.1997, Gurmej Singh was also taken by Naresh Kumar, though Gutmej Singh was refusing to go with him. On 25.12.1997 at about 7.00 P.M. Gurmit Singh who is Gurmej Singh's cousin went to call Gurmej Singh from Billa Motor Garage but Naresh Kumar did not allow Gurmej Singh to go home. During the night 25/26.12.1997, Sunil Kumar was also not allowed to go home. On 26.12.1997 at about 10.00 A.M., Dharam Singh came to know about the death of Sunil Kumar and Gurmej Singh. Dharam Singh went to Billa Motor Garage of Naresh Kumar found the dead bodies of Sunil Kumar and Gurmej Singh lying in car No. HR -01 -B/0045. Car was' standing inside the Motor Garage which belonged to Sukhwinder Singh resident of village Rohti as this car had been sent to Naresh Kumar for repair. Police was also present at the spot. Police handed over the dead bodies to their respective guardians. Matter was reported to the police on 22.3.1998 which led to the registeration of this case.

(3.) IT has been submitted by the learned counsel for the petitioner that the occurrence took place in the night intervening 25/26.12.1997. Matter was not reported to the police soon after but was reported to the police after a lapse of about three months. It has been submitted that Sunil Kumar and Gurmej Singh were mechanics at the Motor Garage of Naresh Kumar. There were other mechanics also at that Motor Garage. On 25.12.1997 Sunil Kumar and Gurmej Singh and other mechanics of Garage over hauled the engine of Maruti Car No. HR 01 -B/0045. After over - hauling, the engine is kept in a started position for at least 24 hours or even beyond. As the car after over -hauling was kept started, Sunil Kumar and Gurmej Singh inhaled some poisonous gas emitted when they were observing the working of the engine. Both of them remained in the car during the night. On 26.12.1997 at about 8.00 A.M. the grand -son of Parana Lal came who awakened Naresh Kumar. Naresh Kumar went near the car to wake up Sunil Kumar and Gurmej Singh but both of them were found dead. Naresh Kumar reported the matter to the police vide D.D.R. No. 10 dated 26.12.1997. It has further been submitted that Dharam Singh did not suspect any foul play during his statement recorded on 27.12.1997. He stated that Sunil Kumar and Gurmej Singh died accidently while sitting in the car on account of exhuming poisonous gas. Similarly, he submitted that Ujagar Singh whose statement was recorded on 27.12.1997 did not speak of any foul pray in the death of Sunil Kumar and Gurmej Singh.