Jagdish vs The State of Haryana

Jaswant Singh, J.—Prayer is u/s 439 Code of Criminal Procedure for grant of regular bail on behalf of the Petitioner in case FIR No. 316 dated 20.12.2007 under Sections 302, 34 and 216 of Indian Penal Code registered with Police Station Butana, District Karnal.

As per allegations there was a Kabaddi match between the teams of village Shyamgarh and village Jhama in the Block Tournament Games at Senior Secondary School, Nilokheri. Many people had gathered there to watch this match. Surinder Kumar, Sarpanch of village Majra was referee of this game. To give fair decision the referee gave one common point each to both teams. On this Naresh, the Ex-Sarpanch village Jhamba and Isham Singh resident of village Jhamba raised lalkara to teach Shyamgarh people a lesson. Whereupon after the game, the referee was slapped by accused party and Sher Singh r/o village Jhamba made lalkara and advancing ahead Jagdish r/o village Jhamba took out knife from his pocket and directly inflicted the same into the chest of deceased Jasveer Singh son of Balbir Singh r/o village Shyamgarh who was immediately taken to the Govt. Hospital in injured condition where he was declared brought dead.

Learned State Counsel on instructions from ASI Balwinder Singh submits that the entire prosecution evidence has been concluded. Statement of accused u/s 313 Code of Criminal Procedure has also been recorded. He further submits that PW-2 Tara Chand and PW-10 Nar Singh Dass both eye witnesses have fully supported the case of the prosecution. He further submits that knife blow was inflicted directly on the heart of the deceased Jasveer Singh. FSL report reveals the presence of the blood of the deceased on the weapon of offence i.e. Knife. The recovery of weapon of offence i.e. the knife from the Petitioner has been proved by the IO PW-15 Jagbeer Singh (the then Inspector). He further submits that PW-9 Dr. Piyush Sharma also corroborated the fact of giving knife blow directly on the heart of the deceased Jasveer Singh which resulted into his death.

Keeping in view the nature and gravity of offence and the fact that the case is at the advanced stage no ground for grant of regular bail to the Petitioner is made out.

Dismissed.