AMIR CHAND @ MEERA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By the present common order, above-mentioned both the petitions are being disposed off having arisen from the same FIR.

(2.) Present petition(s) have been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for release of the petitioner(s) on bail pending trial in FIR.No.13 dated 15.01.2018, under Sections 148, 149, 342, 377, 302, 120-B of the Indian Penal Code, 1860 (for short 'IPC') and Section 3 of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') , registered at Police Station Israna, District Panipat.

(3.) In brief, the case of the prosecution is that on 15.01.2018, Vicky (PW1) son of Raghbir got recorded his statement (Exhibit P-1) before Sub Inspector Kanwar Singh (PW-5) while alleging that he is a labourer and his brother Vikram (since deceased) was also working as a labourer. Jeeta son of Chander who is resident of their village was having suspicion about illicit relations of Vikram with his wife. Yesterdary, i.e. on 14.01.2018, at about 10:00 P.M., his brother had gone to a shop for bringing biri, but he did not come back till late hours and consequently, he made sufficient efforts to search him, but failed. On next morning, at about 5:00 A.M., when complainant was going to trace out his brother in the street, then he heard the cries of Vikram from the house of Jeeta and where he saw after going inside, that Balraj son of Chander, Sunil son of Balraj, Leela (petitioner) son of Balraj, Meera son of Chandan (petitioner), Sanjay son of Balbir and Jeeta son of Chander, residents of their village were present there and out of them, Jeeta and Meera were having iron rods in their hands, whereas, Sanjay was having a belt and Balraj, Sunil as well as Leela having dandas in their hands and giving beatings to Vikram. They continued the beatings even in his presence and thrusted danda in the anus of Vikram due to which, blood started oozing from his anus and he became unconscious. He cried bachao bachao, then all the accused fled away from the spot of occurrence along with their respective weapons. Thereafter, he called his father at the place of occurrence and got admitted his brother Vikram in N.C. College, Israna, where doctor gave him first aid and he requested for legal action.