RAJENDRA AND OTHERS Vs. STATE

JUDGEMENT

(1.) This application under S. 438 Cr. P.C. has been filed on behalf of the petitioners after it has been rejected by the learned Sessions Judge, Bharatpur vide his order, dated April 18, 1988.

(2.) Two reports were lodged at the same police station one by Sugan Singh on behalf of the party of the accused persons which is earlier in ti me and another by Chhiddi Singh, the complainant in this case. Sugan Singh in his report alleged that when his brother Shersingh went to the field along with tractor for bringing the harvested crop he saw that Chhiddi, Herdco, Bhoori, Diwan and Beeri were stealing and taking the crop on their heads. Shersingh challenged them and asked to leave the crop. Bhoori and Herdeo placed their bendloads on the ground and called Chhiddi and Chhiddi and others who were going ahead Chhiddi ran to his house and returned with a gun. Diwan and Beeri brought lathies from the field and these persons started attacking Sersingh, as result of which he sustained injury. Chhiddi fired at Shersingh but he managed to escape. It is stated that Shersingh returned home and informed the other members of the family. Crop worth Rs. 2000.00 is alleged to have been stroller away.

(3.) According to the report of Chhiddi Singh all the accused-petitioners came in a tractor along with a trolly to their field and started collecting the harvested crop lying in their field. He called his sons and all the three asked them not to do so but the accused persons did not listen to them and on the contrary they started beating them with lathies which the accused persons had brought in the trolly They also stated that Shersingh and Sugan all had 12 bore guns which they fired in the air. Diwan Singh and Beeri Singh who sustained severe injuries were alleged to have been admitted to hospital. Cases for offences under Sections 147, 323 and 379 Penal Code were registered on both the sides except that on Chhaddis report section 447 Penal Code was also added. Accused persons apprehending their arrest moved bail application under S. 438 Cr. P.C. which has been rejected, hence this application.