HIRA SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is Criminal Misc. No. 12454-M of 1999 whereby Hira Singh, Jai Parkash, Bhim Singh, Harish and Kishan (Petitioners herein) have prayed for grant of anticipatory bail to them in case FIR No. 43 dated 23.2.1999 under sections 323, 325/34 IPC (to which offence under section 307 IPC was added later) registered at Police Station, Bilaspur.

(2.) The prosecution case, in brief, is that on 21.2.1999, the children of Sham Lal and the children of Jai Parkash had quarrelled. Matter was however patched up. On 22.2.1999 also, there was quarrel between their women folk. It was about 10 A.M., Sham Lal was going to his house. He was stopped on the way by Hira Singh saying that he would teach him a lesson for having given beating to his mother Kalawati. Hira Singh gave him lathi blow on his head, as a result, he fell down. A little, thereafter, Bhim Singh, Jai Parkash and his nephew Kishan came there and gave him lathi blows and also leg blows. Sham Lal raised alarm. His brother Ram Pal came to the spot. Jai Parkash and Harish gave him blows with iron rod. Sham Lal and Ram Pal raised alarm, "Maar Dia, Maar Dia." Balram son of Samay Singh came there running. They intervened and rescued Sham Lal and Ram Pal. Otherwise, they would have been given more injuries. Learned counsel for the petitioners submitted that it is a case of version and cross- version. On one side, Sham Lal and Ram Pal, are injured. On the other side, Kalawati wife of Pyare Lal is injured. As per Kalawati, on 22.2.1999 at about 4.30 P.M., she and her daughter-in-law were present at her house. There was no male member present. She was standing in the street in front of her house. Pappu son of Goverdhan came there and started saying that he would teach her a lesson for the quarrel between her children and their children the previous night. Pappu gave lathi blow on her right wrist. Sham Lal came there. He gave her lathi blow on her gluteal region. Satbir son of Goverdhan also came there and he gave lathi blow on the left calf of Kalawati. Goverdhan son of Channa Ram gave her slap and fist blows. It was submitted by the learned counsel for the petitioners that the case was initially registered under sections 323/325/34 IPC. They were arrested but released on bail. Lateron, offence under section 307 IPC was added on the opinion of the doctor which was that injury No. 1 of Sham Lal could be dangerous to life if untreated. It was submitted that no offence under section 307 IPC can be said to have been made out on the basis of this opinion of the doctor. It was further submitted that Kalawati also suffered injuries and her injuries have not been explained in the FIR. It was further submitted that at this stage, it cannot be said as to which party was aggressor.

(3.) Learned Assistant Advocate General for the State of Haryana on the other hand submitted that as per Kalawati, she received injuries at about 4.30 P.M. on 22.2.1999 while as per Sham Lal, he and his brother Ram Pal were given injuries at about 10 A.M. and therefore, it cannot be a case of version and cross-version. Since injury on the head of Sham Lal has been attributed to Hira Singh, Hira Singh cannot be allowed anticipatory bail. So far as Jai Parkash etc. are concerned, the applicability of Section 34 or 149 IPC qua them is debatable as according to Sham Lal's version, after injury on his head had been dealt by Hira Singh, Jai Parkash. Bhim Singh and Kishan Kumar came who gave lathi blows and leg blows to him, Sham Lal raised raula. Thereupon, his brother Ram Pal came, Jai Parkash gave blows with iron rod to Ram Pal, Bhim Singh and Harish gave him Iron rod blows. I think anticipatory bail should be allowed to Jai Parkash, Bhim Singh, Harish and Kishan. In the result, qua Hira Singh, this Criminal Miscellaneous Petition fails and qua Jai Parkash, Bhim Singh, Harish and Kishan this Criminal Miscellaneous Petition succeeds and it is ordered that in the event of their arrest, they shall be called upon to furnish bail by the Investigating Officer. They shall join the investigation. They shall keep joining the investigation. Direction given earlier in regard to Hira Singh is revoked.