RAMESH GANDHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is criminal misc. No. 28811-M of 1998 whereby Ramesh Gandhi - petitioner herein, has prayed for the grant of bail to him in case FIR No. 378 dated 14.4.1998 registered under Sections 302/307/395/323/212/120-B of the Indian penal Code at Police Station City, Sirsa.

(2.) PROSECUTION case in brief is that Vinod Kumar son of Shiv Dayal has taken wine contracts alongwith Om Parkash etc. and many others for the year, 1998- 99. Prior to the enforcement of "Prohibition" wine contracts were being taken by Bharat Singh etc. residents of village Darba. In the area of Darba, Bharat Singh etc. had told Vinod Kumar to take contracts on auction for this year at the rates of the previous year of the Darba area which they refused and they were annoyed with Vinod Kumar etc. and threatened them. On 14.4.1998 at about 10.00 AM Vinod Kumar and Om Parkash alias Omi Phutela sons of Hargolal were Sitting in their car No. CH-011-1452 being driven by Ved Parkash. Jagdish was on the rear seat on the left side and Omi was sitting on the right side of the rear seat while Vinod Kumar was sitting with Om Parkash alias Omi Phutela on the front seat. They were going from Shiv Chowk to Suratgarhia Chowk. A blue coloured jeep came on the wrong side from Suratgarhia Chowk side and dashed against their car. Five/Six persons including Sandeep and Kalu residents of Darba and Gandhi resident of Kairanwali, who were holding guns and the rest of them were holding hockeys, lathis and dandas stepped down from the jeep. At the same time another jeep came which was stopped behind that jeep and in that jeep there were five/six persons including Bharat Singh and Pawan Kumar who were holding guns and the rest of the persons, whose names and addresses were not known but who were of the age of 28/30 years were holding lathis/dandas and hockey sticks in their hands stepped down. They surrounded their car from the four sides and started beating Omi and Jagdish with hockeys by opening the rear door and one of them broke the front mirror and the mirrors of the side windows with a hockey. They gave multiple injuries on both feet of Omi with hockeys. Bharat Singh snatched the revolver from Om Parkash and Pawan Kumar snatched the revolver from Jagdish. Both of them and others fired from the revolvers and guns. The shot filed by Bharat Singh hit on the leg of Jagdish Kumar and the shot of Pawan Kumar hit an unknown person who was alongwith them and they fall down there. They all lifted that man and put him the jeep and ran away from the spot. Many persons collected at the spot who witnessed the occurrence. Satish and Satnam Singh also came on the spot who brought Jagdish and Om Parkash to the hospital and Satish got admitted both of them. The man who was killed by that fire shot was left in the hospital by some unknown person in a blue coloured jeep and went away. The matter was reported to the police by Vinod Kumar, on the basis of his statement, aforesaid case was registered.

(3.) IT was submitted by the learned counsel for the petitioner that the incident is alleged to have been taken place at 10.30 AM while the first information is shown to have been recorded at 3.13 PM on 14.4.1998. Special report is alleged to have been delivered to Chief Judicial Magistrate, Sirsa at 7.45 PM. It was submitted that Dai Ram had made statement later in point of time to the recording of the first information report and if the first information had been in existence at that time then that statement would have been shown to be recorded under Section 161 of the Code of Criminal Procedure and the particulars of the FIR would also have been mentioned while recording the said statement. He submitted that the first information report was not in existence at the time when Dai Ram made statement.