MOHAR PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Misc. No. 24525 -M of 1998 whereby Mohar Pal and others have prayed for the grant of bail to them in case F.I.R. No. 312 dated 2.8.1998 under Sections 148/149/452/427/392/376/342/354 Indian Penal Code of P.S. Old Faridabad.

(2.) THE prosecution case briefly stated is that Sibban son of Gurdyal, Rambir son of Shivli, Sheoraj son of Kanhiram, Ziledar son of Khichu and 14 others went in two Tata Sumo Jeeps for having dip in the river Ganges. After having taken dip, they went to Vaishno Devi Shrine and returned to their village on the night of 30.7.1998 in the said Tata Sumo Jeeps. On reaching village Budhona, they came to know that some incident had taken place in the village. Many people gathered in front of the house of Isham Singh and seeing him (Sibhan) getting down the jeep, Subhash son of Zila Singh told him that a fight had taken place in the village. Later on they came to know that all the male and female members of his family together with the children (Sibban's family) had run away. He was also advised to run away or else he would be killed. Sibban felt frightened and went to his house and saw that household articles were lying scattered and broken, Scooter, cooler, fridge, colour television, deck, chairs, show -case, etc. were lying scattered and broken in the drawing room. Police was present there at the spot for their security. There was no interaction between his family and the family of Brahmjit. Families were not on taking terms with each other. He was told that the houses of the village had been ransacked and damage had been done by the families of Rishal Singh, Hira, Teja etc. as also Harpal son of Rishal Singh and Duni son of Ant Ram and others, Sheoraj came to know about this incident outside the village and he had gone somewhere. His sons Sarda Ram and Sheoraj had gone somewhere. He was not aware about the whereabouts of his son Sarda Ram and his family as also his wife Godha. On his statement, case FIR No. 312 (ibid) was registered on 2.8.1998.

(3.) SAMITA wife of Brahmjit was examined under section 164 Cr. P.C. In her statement, she stated that on 30.7.1998 at about 7 -8 P.M., Rishal Singh along with his children attacked their houses. To save herself, she entered one room and locked it from inside. They broke open the lock and Harpal caught hold of her hair and asked his brothers and nephews to look around as to whether there was any valuables. His brothers Samai Pal, Duni, Santu and Raju broke open the lock of the trunk and took out the jewellery and the cash lying inside which contained 36 tolas of gold and Rs. 80,000/ - cash. Ajay took out a gun and cartridges. He also took out clothes and utensils. They again caught hold of her hair and while dragging her took her to the centre of the village. On the way, Harpal's father Rishal Singh hit her with a gandasa or iron rod. Her clothes were torn and they were abusing her. Harpal's father stated that she should be taught a lesson. She was taken to a new house. All of them raped her. All of them hit her. She borrowed some clothes from a woman and some money and went to her mother's house. She was four month's pregnant and due to that she suffered miscarriage.