PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Misc. No. 1746-M of 1999 whereby Pawan Kumar, Dharam Pal and Sushil Kumar (petitioners herein) are claiming anticipatory bail in complaint case No. 241/1 dated 26.8.1998 titled "Ram Chander v. Pawan Kumar and others" under Sections 302/307/452/34 IPC read with Section 25 of the Arms Act pending in the court of the Judicial Magistrate first Class, Sonepat.

(2.) AS per Ram Chander (complainant), Pawan Kumar, Hans Raj Bhutani, Ravi Kumar, Sushil Kumar, Dharam Kumar, Savitri Devi and Pappy Dhanak along with 6-7 others reached the plot No. 7.5.98 at about 7 a.m. which had been purchased vide registered sale deed dated 29.4.1998 from one Rajinder Singh by him and his brother Rajbir. He, his friend Inderjit, brother Rajbir, friends Baljit and Bhup had gone to their plot with a view to raise construction. They were standing there and talking to each other. Hans Raj Bhutani was carrying pistol while Ravi and Pappy were carrying country-made pistol. Rest of them were also armed. Hans Raj Bhutani asked Ram Chander, Inderjit etc. as to what they were doing. Ram Chander replied that they had purchased this plot and inspecting it for partition according to their share. Hans Raj Bhutani got annoyed and started firing saying that the plot belonged to him, either they should leave the plot or he would shoot them. When Ram Chander resisted, Hans Raj Bhutani, Ravi and Pappy started firing pistol shots. Dharam Pal, Sushil, Pawan Kumar and Savitri also assaulted them with their respective weapons. Ram Chander and Inderjit were hit by gun shots. Because of the firing of shots by Hans Raj Bhutani and others, Inderjit fell. Finding no way out to save himself and his other companions, Ram Chander fired gun shot from his licensed gun. As a result, Hans Raj Bhutani was injured. Ram Chander also fell because of gun shot injury and became unconscious. He remained admitted in the Civil Hospital, Sonepat. No statement of Ram Chander was recorded by the police. Inderjit died of gun shot injury and grievous bullet injury was caused to Ram Chander. As per Ram Chander, the accused party with an intention came forcibly on the plot of the complainant party and fired gun shots at him and Inderjit resulting in Inderjit's death.

(3.) THERE are two versions of the occurrence. Author of one version is Ram Chander. Author of the other version is Ravi Kumar. On one side Inderjit lost his life and on the other side Hans Raj Bhutani lost his life. Learned counsel for the petitioner submitted that case FIR No. 283 was registered on 7.5.1998 (Annexure P5) with regard to the occurrence and during the course of investigation of that case, the police came to the conclusion that Inderjit died by the gun shot fired by Hans Raj Bhutani in his self-defence.