VIKRAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.335 dated 21.11.2017 registered under Sections 148, 149, 323, 307, 342, 506, 379-B of the Indian Penal Code, 1860 (in short 'IPC') (Sections 302 IPC added later vide DDR No.18 dated 27.11.2017) at Police Station Khol, District Rewari.

(2.) Learned Senior counsel for the petitioner has submitted that as per the allegations in the FIR, registered at the instance of Rajender Parsad, on the night of 16.11.2017, his son namely Gautam (since deceased) was at home and received a phone call from the coaccused Sudesh. Gautam went to the house of his paternal uncle (Taya) Dalip Singh, where they used to keep fodder, etc. and found that the same is not locked. At that time, Aman son of Dharampal came from the front side. Thereafter, Dharmender, the petitioner - Vikram @ Bablu, sons of Dharampal, Sudesh @ Billi wife of Aman, Rajbala wife of Dharmender and Poonam wife of Vikram (petitioner herein) armed with sticks, lathis, rods, axe, iron pipe, plastic pipe, were seeing coming there. On seeing them, his son - Gautam tried to run away but Aman caught hold of him and the accused persons started giving beatings to his son. Thereafter, they covered his face and took him inside the house and again gave him beatings. The accused persons, thereafter, called Kamal Singh, husband of the Sarpanch at the spot and he tried to save Gautam but they did not leave him. Upon this, Kamal Singh came to the house of the complainant and informed him that the accused persons are giving beatings to his son Gautam and they will kill him. When the complainant - Rajender Parsad along with his two sons namely Sunil @ Chotu and Govind @ Bunty reached at their house, the accused in their presence also caused injuries to his son - Gautam. The petitioner - Vikram gave 3-4 iron rod blows on his head. Aman gave danda blows on the fingers of the right hand and on his right and left feet, Dharmender gave axe blow on the left palm of Gautam, Rajbala gave iron pipe blow on the shoulder of Gautam, Poonam gave plastic pipe blow on the thigh, stomach and chest of Gautam. On this, the complainant and his sons tried to save Gautam from the accused persons but the accused persons did not leave Gautam till the police arrived at the spot and in the meantime, lot of blood oozed out and thereafter, Gautam was taken to Trauma Centre, Rewari for treatment and later died.

(3.) Learned senior counsel for the petitioner has further submitted that initially FIR was registered under Sections 148, 149, 323, 307, 342, 506, 379-B IPC and later on, Section 302 IPC was added. It is further submitted that the petitioner is in custody for the last 01 year and 07 months and only 04 prosecution witnesses have been examined out of 32 PWs. It is also submitted that the incident is of 16.11.2017 and the complainant - Rajender Parsad gave a complaint on 20.11.2017 and has involved all the family members in the FIR.