NARENDER AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution case in brief is that on 28.10.1998 at about 10 PM. Krishan son of Dharma, Balwant son of Maha Singh and Dinesh son of Maha Singh were going towards their paddy crop in the revenue estate of village Madlauda. When they reached near the pond on the old road, they saw 3-4 tractors parked there. One person standing near the tractor flashed tourch light. All the tractors were in start condition. On seeing them, Maman raised lalkara that they be taught a lesson. Maman son of Ram Bhaj was armed with "Desi" pistol and he fired shot. Fortunately, Krishan, Balwant and Dinesh remained unhurt. Dinesh son of Maman was having lathi in his hand and Hoshiare son of Maman was having gandasi in his hand. Narender and Bijender were having jaillis in their hands. Surta son of Dharma was having a desi pistol. Chander Bhan son of Tara and Krishan son of Ranbir were having lathies in their hands. Jai Karan son of Jeeta was having lathi in his hand. Wives of Maman, Narender, Bijender, Surta and Surender were having lathies in their hands. They started giving them blows. Nafe, Balbir and Mahender were having rifle and guns in their hands. Nafe gave blow with rifle butt on the head of Balwant. Mahender fired from his gun and one piece of bullet hit on the right leg of Krishan son of Dharma. Balwant snatched lathi from Dinesh and gave blow to Mahender. Mahender's gun fell down. Krishan son of Dhanna lifted that gun from the ground and raised the noise "Maar dia - maar dia". The lights of the tractors were on. After hearing Krishan's noise, Sukhbir son of Randhir, Vikranrjit alias Bira son of Puran, Krishan son of Chhajju and number of other villagers came running and all the accused ran away towards jungle with their tractors. They came with the intention to take possession of the vacant land of the gram panchayat. Because of the injuries, Krishan son of Dharma etc. were taken to General Hospital, Panipat where they were medically examined.

(2.) There are 16 accused in all in this case. There are number of injuries dealt on Krishan son of Dharma etc. Krishan sustained one bullet injury on his foot at the hands of Mahender. Balwant sustained 8 injuries which were the result of blunt weapon. Dinesh sustained 5 injuries which were the result of blunt weapon. Petitioners have been in jail for the last about 5 months. To the petitioners, but for Mahender, the use of fire arm has not been attributed. So, bail to the petitioners but for Mahender petitioner No. 7, to the satisfaction of Chief Judicial Magistrate, Panipat. Prayer for bail to Mahender Petitioner No. 7 is declined.

(3.) Prayer for bail of Jai Karan son of Jeeta and Krishan son of Randhir who are petitioners in Crl. Misc. 6030-M 1999 is allowed which shall be to the satisfaction of Chief Judicial Magistrate, Panipat.