RAJA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is criminal misc. No. 13238-M of 1999 whereby Raja Ram is claiming bail in case FIR No. 322 dated 15.9.1998 registered under Sections 323, 324, 325, 307, 148 and 149 of the Indian Penal Code at Police Station Sadar Rewari.

(2.) THE prosecution case in brief is that on 15.9.1998 at 5.30 AM Mai Dhan was bringing his buffalo from his plot to his house. His mother Smt. Santra was coming behind the buffalo. When they reached in front of the house of Hardyal son of Sheo Sahai, the legs of the buffalo fell in the kacha drain. Thereupon Mukesh and Raja Ram abused Mai Dhan saying "SALE YOU HAVE DAMAGED OUR DRAIN." Mai Dhan replied that buffalo was an animal, did not know where to go and he (Mai Dhan) started looking ahead. When he had taken 2/4 steps, Mukesh, Raja Ram sons of Basanta, Rajesh son of Birbal, Ramesh, Sunil sons of Hardyal, Surjan, Basant Lal, Hardyal sons of Sheo Sahai and Jitender son of Surjan carrying Farshies, lathies and Gandasas with them came and started dealing blows on Mai Dhan. Raja Ram dealt farshi blows on his head and left hand. Mukesh dealt lathi on the head and right leg of Nathu Ram. Rajesh dealt lathi blows on his left leg and he (Mai Dhan) fell down and raised alarm "Mar Diya- Mar Diya". His mother Santra, Prahalad, Muktual, Hardwari, Surja, Rati Ram and the members of his family came. Raja Ram, Mukesh and Rajesh caused injuries to them also. Bimla wife of Hardyal and Salochna wife of Surjan pelted stones from the roof. On hearing noise, Maru Singh son of Sultan and so many other persons reached there and saved them.

(3.) NO wonder it turns out to be a case of version and cross version. Injuries suffered by both the parties may become ascribable to one and the same occurrence.