VIPAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Accused-petitioner apprehends his arrest in connection with a case registered against him and his co-accused namely Puneet Kumar, Vikas Gautam, Kulbhushan @ Lucky, Subhash Chand and Anil @ Pintu under Sections 341, 307, 147, 148, 149, 323, 324, 504, 506 of the Indian Penal Code and 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 vide FIR No. 197/13 in Police Station, Barmana, District Bilaspur, H.P. The record is perused. There seems to be land dispute between him and his uncles Nand Lal and Kuldeep Kumar, the injured persons. The report has been lodged by Anil Kumar, who claims that injured Nand Lal informed him about the accused-petitioner and his co-accused having detained him, Kuldeep Kumar and their mother Bohtu Devi on the road at Lagat and he was called to come to their rescue. When he reached on his scooter at Lagat, noticed that the accused-petitioner and his co-accused have detained both injured and their mother Bohtu Devi there. Accused Anil @ Pintu was having darat (big sickle), whereas, accused Subhash Chand knife. The remaining accused were having dandas with them. They all assaulted the complainant, Nand Lal as well as Kuldeep Kumar. They all received injuries on their person. On raising alarm by the complainant and the injured, the accused party fled away from the spot.

(2.) The investigation has been conducted by the police and two of the accused namely Puneet Kumar and Vikas Gautam were arrested and they have since been released on bail. Two more accused namely Kulbhushan @ Lucky and Subhash Chand have also been arrested in this case and are in police custody. Accused Anil Kumar is also in judicial custody. It is seen that except for the accused-petitioner, his co-accused have been booked under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. No case under the Atrocities Act is, however, registered against the accused-petitioner as he himself belongs to Schedule Caste community.

(3.) No doubt, the other offences, more particularly, under Sections 307 and 324 of the Indian Penal Code are also heinous and grievous in nature, however, the accused persons seems to be booked for the commission thereof on account of the injuries they allegedly inflicted on the vital parts of the bodies of the injured persons because otherwise, the nature of the injuries they received in the alleged occurrence in the opinion of the Medical Officer are simple in nature. Although, initially there was a complaint that the accused-petitioner after the registration of the case had absconded and was not available for the purpose of interrogation, yet the status report placed on the record reveals that he has now associated with the investigation of the case as and when he was called upon to do so. About the recovery of knife, he has disclosed that same is with accused Subhash, He even disclosed the particulars of those accused persons who had absconded and were not available to the police for the purpose of interrogation. They have also since been arrested. Otherwise also, the statement under Section 154 Cr.P.C. which contains immediate version of the occurrence, no weapon of offence like knife or darat was with the accused-petitioner and at the most he can be said to have danda with him. In this view of the matter and also that the accused-petitioner has associated with the investigation and that his custodial interrogation is now not required, no useful purpose is likely to be served by way of his arrest pending trial and well before holding him guilty for the commission of the alleged offence.