HARJOT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, seeking regular bail under Sec. 483 of Bhartiya Nagarik Suraksha Sanhita in FIR No.215 of 2020, dtd. 6/9/2020, registered in Police Station Haroli, District Una, H.P., under Ss. 302 and 323 read with Sec. 34 IPC.

(2.) Status report stands filed and record was also made available.

(3.) In the status report, statement of complainant Ashwani Kumar, recorded under Sec. 154 Cr.P.C., has been reproduced and according to the said statement, complainant-Ashwani Kumar is Panchayat Pradhan, who is having land dispute with Harjot Singh (petitioner) and his family, but correction of revenue record has not been effected yet and on the disputed land, IPH Department has been constructing irrigation water tank outlets through Contractor. On 6/9/2020, on a call of IPH Contractor, complainant had reached the spot at 9.15 a.m., where Naresh Kumar (co-accused) of IPH Department was also present alongwith Contractor, and Suresh Kumar and Mukesh Kumar (co-accused) sons of petitioner/accused Harjot Singh alongwith their father were also present. Complainant had objected construction of cement tank for water outlet on the disputed land with a request to construct the same later on, but on this, Naresh Kumar/co-accused overpowered the complainant and Harjot Singh (petitioner) and his sons Suresh Kumar and Mukesh Kumar (co-accused) had started beating complainant with wooden sticks, kicks and fist blows and at that time, Ashwani Kumar (deceased) son of Desh Raj had tried to intervene to stop quarrel. Whereupon, Harjot Singh petitioner/accused had directed his son Suresh Kumar to bring the gun to kill Ashwani Kumar son of Desh Raj by saying that the said Ashwani Kumar was root cause of the quarrel and thereupon, Suresh Kumar brought the gun and fired a gunshot on the chest of Ashwani Kumar son of Desh Raj and thereafter all accused except Suresh Kumar ran away from the spot. Injured Ashwani Kumar had asked complainant-Ashwani Kumar to run away from the spot as he had received bullet injury. At that time, Suresh Kumar remained on the spot for about 10-15 minutes and when villagers started gathering on the spot, Suresh Kumar also ran away from the spot. Injured Ashwani Kumar was shifted by complainant in his vehicle with the help of his sons Chetan, Rajender and Raj Kumar to the Government Hospital for treatment, but he had succumbed to injuries on way to the hospital.