ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PROSECUTION case in brief is that Rajinder Singh son of Shri Bachan Singh is MA (Punjabi) second year student in Kurukshetra University. He is resident of Village Khandirwa, Police Station Shahabad and he was commuting daily from village Khandirwa to Kurukshetra University. Some students from Narwana were also putting up in Nar Hari Hostel. There is party faction among these students. On 3/4 occasions earlier also, there was quarrel between them. As he (Rajinder Singh) was student of Punjabi, he used to sit with other students of Punjabi subject putting up in Nar Hari Hostel. On 19.2.1998 he along with Ajaib Singh of his village, who is also student of MA (Punjabi) and one Harpal Singh son of Mewa Singh Kamboj resident of Adhoi was going towards the university after seeing his relation Jasmer Singh of village Ghararsi who was admitted in Bhola Hospital, Kurukshetra after taking their meals at the residence of Jasmer Singh's brother Dharampal near Shekh Chilli Makbara. When they reached near the crossing near Malik Medical Hall at Railway crossing bye-pass he stopped his motor cycle to answer the call of nature. Ajaib Singh told Rajinder Singh that he should answer the call of nature and in the meantime he and Harpal Singh would purchase some tablet for headache from Malik Medical Hall. Rajinder Singh started easing himself and they went to have medicine. While Rajinder Singh began answering the call of nature, 3 motor cycles came being occupied by 3 persons each. They were Anupa alias Rajesh son of Lehna Singh, Krishan son of Lal Singh and Jasbir Mor having swords with them. Balbir Singh son of Lachhman Singh and Avtar Singh son of Gurmail Singh and three others whose names were not known to Rajinder Singh also came. Anupa alias Rajesh asked Rajinder Singh that he was also a friend of Punjabi and that he should be taught a lesson for putting up with them and that he should be finished. Thereafter, all of them attacked him with their respective weapons with an intention to kill him. Anupa alias Rajesh wielded sword towards his head. He raised his left hand upward and the blow hit his left hand. Krishan wielded sword blow towards his head and the blow hit his left shoulder. Anil Kumar (petitioner herein) gave dealt sword on his left leg. Thereafter, Jasbir Singh gave sword blow on his right leg. Anupa alias Rajesh dealt sword blows twice on his left leg. Rajinder Singh fell down. Balbir Singh, Avtar Singh and others whom he had not known gave blows on his head and legs with rods. Rajinder Singh raised raula. Ajaib Singh and Harpal Singh reached there. Assistants ran away on their respective motor cycles. Ajib Singh and Harpal Singh got Rajinder Singh admitted in LNJP Hospital, Kurukshetra in injured condition. Matter was reported to the Police by Rajinder Singh on 20.2.1998 on the basis of which case FIR No. 176 under Sections 307/323/324/148/149 of the Indian Penal Code was registered at Police Station, Thanesar on 20.2.1998.

(2.) THIS is an application for bail by Anil Kumar to whom injury on the left leg of Rajinder Singh with sword has been attributed. It has been submitted by the learned counsel for the petitioner that doctor has not labelled any injury found on the person of Rajinder Singh as dangerous to life. He has submitted that there is no injury found on any vital part of Rajinder Singh. In the first information report, Rajinder Singh has attributed rod blows on his head and legs to Balbir Singh, Avtar Singh and others whom he had not known. Doctor, however, found no injury on his head. Fracture was noticed at the level of 5th metacarpal of left hand. This injury, he submitted, would fall at best within the ambit of Section 326 of the Indian Penal Code. He has further submitted that co-accused Balbir was allowed anticipatory bail by K.K. Srivastava, J. vide order dated 17.4.1998. Earlier bail application of Anil Kumar was dismissed as withdrawn by N.C. Khichi, J. vide order dated 5.6.1998. Another bail application of Anil Kumar was dismissed as withdrawn by B. Rai, J. vide order dated 29.6.1998. Learned counsel for the petitioner submitted that Rajinder Singh was discharged from the Civil Hospital, Kurukshetra on 20.2.1998. He did not get himself x-rayed at Civil Hospital, Kurukshetra. He got himself medically examined by a private medical practitioner (Dr. Suresh Bhola), Bhola Hospital, Railway Road, Kurukshetra. On examining injury No. 1, Dr. Bhola found a fracture line on the 5th meta-carpal of left hand and this is the only fracture which was found.

(3.) WITHOUT adverting much to the merits of the case, I deem it proper to allow bail to the petitioner. So bail to the petitioner to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kurukshetra. Petition allowed.