ROHTASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH Crl. Misc. No. 31500-M of 1998 Rohtash son of Gurdayal has prayed for the grant of bail to him in case FIR No. 161 dated 18.4.1998 under Section 324/323/148/249 IPC converted into one under Section 307 IPC registered at Police Station, Mahendergarh.

(2.) THROUGH Crl. Misc. No. 31502-M of 1998 Sher Singh son of Gurdayal has applied for the grant of bail in the same FIR. So far as Rohtash and Sher Singh are concerned, they are being prosecuted at the instance of Chhote Lal. As per Chhote Lal, they had purchased one killa of land from Lila Ram son of Fatta Ram resident of Kharoli. Their neighbour Gurdayal had purchased the adjacent land from Jagan Nath. Gurdayal Singh had sown Charri crop in the killa purchased by Chhote Lal, 2/3 days prior to the occurrence. At about 8 A.M. on 18.4.1998 Chhote Lal, his brother Sant Lal, Ashok, Rampat, Balla Ram and Babu Lal collectively with a view to destroy the crop sown by Gurdayal had taken their flock inside the fields. In the meantime, Gurdayal, Raju, Rohtash, Sher Singh, Dhai Ram sons of Ram Chander came there holding Jaili, Lathi and Kulhari in their hands. Gurdayal dealt a jaili blow on the left shoulder of Chhote Lal and Sher Singh dealt a Kulhari blow on the head of Chhote Lal. Gurdayal and Sher Singh gave blows on the hands, legs of Chhote Lal. They also gave injuries to Chhote Lal's brothers.

(3.) RAMPAT came with Jaili, Satpal with Lathi, Harphool with Lathi, Bishamber son of Lachhman with Jaili, Bhalla Ram with Lathi and Birda Ram with Lathi, wife of Rampat came with Kulhari and wife of Sant Lal came with Lathi. When they came near the fields Rajinder Parshad and his father asked them to go out of the fields whereupon they assaulted Rajinder Parshad and Gurdayal. Babu Lal gave a Lathi blow on his head and another on his waist. Harphool gave Lathi blow on the fingers of his right hand. Sant Lal gave a Lathi blow on his left shoulder and another on his right arm. Rajinder Parshad fell down. While he lay fallen they all three gave him lathi blows. In the meantime his brother Sher Singh and Rohtash came there and they tried to get them released whereupon they also caused injuries to them. Out of fear of injuries being caused they continued lying on the ground. Treating them as dead, they abused and said that they had been taught a lesson for sowing Charri crop in the fields. Rampat and Harphool while going threatened that if Rajinder was saved that day, he would not be allowed to remain alive and he would be killed. With the help of Singh Ram they all were put in a camel Rehri driven by their grandfather Dhani Ram and were brought to the hospital. Gurdayal received some injuries in the head and his condition being serious, he and Rohtash were sent to Medical College, Rohtak. They by making pre-planning assaulted them with the intention to kill us and had given threats for being killed.