PREM PRAKASH MIRDHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two bail applications, one filed by Shri Prem Prakash and the other filed by Shri Kamal Kihore arise out of the same Cr. Case bearing No. 1,63/88 State v. Prem Prakash etc. registered on 12 -9 -1988 at 12.30 a.m. on the report of one Phaglu Ram who claims himself to be the president of the Truk Union Office of Bilara branch, Bilara. It is alleged against the acccused persons that they came in two jeeps, along with the five persons, to the branch office of the Bilara Truck Union situated in Bilara. Three of them, i.e., Prem Prakash Mirdha, Umaid Singh Khoja and Ishak Khan were armed with pistols and the remaining accused -persons were armed with rifles and guns. It is alleged that they belong the to Borunda Truck Union which has a business rivalry with the Bilara Truck Union. It is alleged that the incident took place some where between 12 and 12.30 a.m. in the night intervening between 11th and 12th of September, 1988. As soon as, these persons came in two jeeps, they alighted from the jeeps and challenged the persons of the Bilara Truck Union and started firing. It is alleged that one Umaid Singh who was armed with a pistol, fired at Chotha Ram by which he died at the spot and the remaining accused persons fired from their weapons indiscriminately injuring Birbal and Narain Singh and glass panes of the office of the Bilara Truck Union got damaged. It has, therefore, been alleged that these persons cojointly attacked the Union office and, therefore, they are responsible for the entire crime.

(2.) I have heard Mr. M.C. Bhandari, Mr. M.M. Singhvi, learned Counsel appearing for the accused -petitioners as also Mr. S.S. Byas learned Public Prosecutor and Shri N.K. Bohra learned Counsel for the complainant at length. Actually, the case was argued for three days and detailed arguments were advanced on both the sides. It was contended by Mr. M.C. Bhandari that the FIR which has been lodged by Shri Phaglu Ram is a piece of connection. Actually, it is the accused party which is aggrieved because they have been attacked while proceeding in a convey by the side the of Bilara Truck Union Office. 20 to 22 trucks came from Borunda side and wanted to cross Bilara by the National High -way route but the Bilara Union did not allow them to pass. They were laden with property worth lacs. So there was no occasion for them to pick -up a quarrel with the Union people of the Bilara Truck Union. Actually, it was Bilara Union people who fired at their trucks, damaged their front glasses and tyre of one of the trucks carrying from Gujarat was hit by the fire made by Bilara Union people and got burst and that truck had to lie there for three days. They rushed their trucks from the Chunginaka which is situated near the Bilara Union Office on hearing the sound of whistle blown from the Union Office but inspite of the fact that they speeded up their trucks, the attack was made on their convoy and damage was caused to them. Mr. Bhandari further submitted that actually, it was the Bilara Union people who have fired from their branch office which must have hit Shri Chotha Ram and so as per him, he has been killed because of the fire made by their own people and not by fire alleged to have been made from these trucks which were only trying to pass the Bilara Truck Union Office as early as possible. He has further submitted that the matter did not end there. These trucks were followed and attacked between Kharia Mithapur and Jaitaran and damage was caused to the trucks even there. It is submitted by him that earlier to this occasion also, these Union people did not allow the trucks to pass on the National High Way and several reports have been lodged by the Truck -operators or their drivers from whom ransom was recovered on account of the fact that they wanted to pass by the National highway which passes through Blara town which area was considered to be in the domain of the Bilara Truck Union. It was submitted by him that a wire was sent to the authorities intimating the details of the occurrence that has taken place with the convoy of the Borunda Truck Union that passed by that way on that day. It was also submitted by him that the Borunda Truck Union is an old union and no trouble was there till this branch office of the truck union was opened at Bilara. Before 15 -8 -1988, the trucks used to pass peacefully on that road but after this office has been opened, this trouble started brewing. So much so, the Borunda Truck Union requested the D G. of Police to provide protection and instructions had to be flashed out by the DGP to the Dy. Inspector General of Police and the S.P. Jodhpur to provide police protection and the S.P. in turn had to instruct the Bilara Police to provide police -protection to the trucks which wanted to pass on the national high way near Bilara town. On that day, due to the visit of the Chief Minister at Jodhpur, adequate police force was not available in the Thana and, therefore, this incident took place. According to Mr. Bhandari, this is a limit to the lawlessness prevailing in that area that trucks using the national high way have to seek police protection to pass on road. Mr. Bhandari further submitted that Shri Premprakash Mirdha does not have his own truck and so there was no occasion for him to come with this convoy and, therefore, this case has been falsely initiated against his client. According to him, even the Investigating Agency has found that four out of the seven persons who are alleged to have taken part in this occurrence were not there or have not participated in this incident and, therefore, no reliance can be placed on this First Information Report.

(3.) HE also submitted that when the wire was sent to the Police Station informing that the trucks passing by the Bilara Union Office have been fired -at, it was the duty of the police to nave enquired into the matter as was done by them, when they received the telephone from the Union people of Bilara. Mr. Rajendra Choudhary has submitted that the FIR of the case has been sent to the Magistrate after 36 hours and this delay is deliberate.