RAM SARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Misc. No. 32158-M of 1998 whereby Ram Saran and Krishan sons of Mehar Chand have prayed for the grant of anticipatory bail to them in case FIR No. 267 dated 11.10.1998 of PS Khol under Sections 326/325/323/34 Indian Penal Code.

(2.) THE prosecution case in brief is that on 9.10.1998 at about 6 p.m., Smt. Suman and Ram Kala went to the water tap lying installed near the road in front of their house for taking water. After taking water when they were returning to their house, Sri Ram son of Dev Karan raised lalkara that these ladies be taught a lesson. In the meantime, Jagram and Om Parkash sons of Sunda Ram, Ram Saran and Krishan sons of Mehar Chand came there. Jagram dealt a jelli blow on the head of Suman. Ram Saran dealt lathi blow on the head of Ram Kala. Suman and Ram Kala raised raula. Om Parkash dealt kulhari blow on the right hand of Ram Kala on her elbow joint and Jagram dealt jelli blow on the right side of head of Ram Kala. Attar Singh came to rescue them. Krishan dealt kulhari blow on the head of Attar Singh. In the meantime, Ram Saran and Jagram gave injuries to Ram Kala. Many persons gathered at the spot. Suman's husband Rama Nand and brother-in-law Subhash put her, Ram Kala and Attar Singh in a tempo and took them to hospital. Both parties received injuries.

(3.) IN the version of Smt. Suman it is mentioned that both the parties received injuries. In the FIR No. 266 dated 10.10.1998 under sections 302/323/149/148 IPC of PS Khol recorded at the instance of Dharamvir son of Sri Ram; Suman, Ram Kala, Attar Singh etc. figure as causing injuries to Om Parkash son of Sunda Ram and Jagram. In the occurrence, Jagram, Om Parkash, Krishan, Dharamvir and his father Sri Ram etc. suffered injuries. As a result of the injuries Sri Ram died. As per Dharamvir also, the time of occurrence was 9.10.1998 at about 6 p.m. As per Smt. Suman also, the time of occurrence was about 6 p.m. on 9.10.1998. In the occurrence that is alleged to have taken place on 9.10.1998 at about 6 p.m. in which Sri Ram lost his life and Dharamvir, Jagram, Om Parkash and Krishan suffered injuries, Krishan petitioner also figures.