MOLAK RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By this application under Section 438 of the Code of Criminal Procedure, the applicant seeks his release on bail for the commission of the offences under Section 302/34, I.P.C. pursuant to FIR No. 319 of 1994 dated 21-9-1994.

(2.) Shortly stated, the facts and circumstances emerging from the police record are that there existed a dispute regarding a piece of land (Ghasni) in between the complainant party on one side and the accused party on the other. Shri Raghubir Singh is the senior member of the complainant party, whereas Shri Molak Ram is that of accused party. Both claimed ownership to the land. The complainant party's claim was based on the basis of land obtained in exchange in the year 1978, whereas accused party claimed to be in settled possession thereof since the time of his father. On 21-9-1994 at about 10.30 A.M., the accused party along with Shri Lahor Singh and Kartar Chand came to the house of complainant, Ranghubir Singh. It appears that the accused party had complained of interference into this piece of land by the complainant party and for settling the matter, they had called Lahor Singh, Lambardar and Kartar Chand, a member of the Gram Panchyat. As per prosecution, Raghubir Singh was called and told by the accused party to refrain from cutting and removing the grass from the land of accused party and in this respect. Molak Ram tried to show some documents in respect of his claim based on exchange, but the other party refused to accept former's claim and declared that they can establish their claim in a Court of law. At this stage, Sukhdev, co-accused of applicant got enraged and he went to the disputed place nearby where wife of Raghubir Singh, namely, Smt. Kaulpati and her daughter Vidya Devi were cutting grass. He started demolishing the stones from a wall existing there, whereupon Smt. Kaulpati (since deceased) asked Sukhdev, accused to refrain himself from doing so and at this juncture, accused Sukhdev picked up a stone and threw it towards Kaulpati which hit on the back side of her head, and she fell down. Sukhdev accused simultaneously is stated to have jumped towards her, whereupon Raghubir Singh, complainant as per the prosecution, ran towards his wife in order to save her from the clutches of the accused, Sukhdev. It is the prosecution version that Molak Ram, the applicant caught hold of Raghubir Singh by his arm, whereas Sukhdev inflicted injuries on his (Raghubir Singh) person with stone blows. The other two persons, namely, Kartar Chand and Lahor Singh also reached the spot, but both accused ran away. It is also prosecution's version that Molak Ram, accused inflicted leg blows upon Smt. Vidya, while fleeing from that place. Thus, according to the police, both the accused committed the crime after hatching a conspiracy and with a common intention to do away with the life of Smt. Kaulpati and others.

(3.) In the abovesaid incident, Smt. Kaulpati succumbed to the injuries on the spot, whereas Raghubir sustained injuries on his person like lacerated wounds and abrasions. Statements of Lahor Singh and Kartar Singh, who witnessed the occurrence have also been recorded.