Manohar vs State of Haryana

M.L. Singhal, J.

This is Crl. Misc. No. 20981/M of 1998 whereby Manohar petitioner has prayed for the grant of bail to him in case FIR No. 498 dated 4.12.1996 registered under Sections 302/435/447/323/148/149 of the Indian Penal Code and 25/27 of the Arms Act at Police Station Sadar, Palwal.

The prosecution case in brief is that on 4.12.1996 Lachhman son of Tej Ram and his uncle Rattan son of Nanhe and Ram Kishan alias Rama son of Dulli were irrigating their Jamna wala field. While they were irrigating their field, Kishori son of Nathi, Des Raj son of Lakhi came on tractor. They had with them on that tractor Charan, Bijender, Manohar, Sher Singh alias Sher sons of Lakhi, Dharam, Chander, Gulvir alias Guli, Amri sons of Nathi and Mahipal son of Chandi. Manohar (petitioner herein) was armed with a licensed rifle, Charan was armed with double barrel gun of his father, Mahipal was armed with country made pistol, Amri, Dharam, Kishori, Sher Singh alias Sher, Bijender, Des Raj, Guli were armed with Ballams while Chander was armed with lathi. These people came to the field armed with guns, ballams, and lathis with predetermined mind. They entered the field with tractor. Lachhman, Rattan and Ram Kishan stopped them from doing so and they asked them to go away as the field belonged to them. They asked them (accused) that the wheat crop was standing in the field and they should not destroy it. When Lachhman stepped forward to stop the tractor, Charan fired a shot from his gun straight on Lachhman and the pellets of the gun shot hit on the left side of his abdomen. Charan fired another shot and the splinters hit the right leg of Lachhman. He fell down. While he lay fallen, Kishori dealt ballam blow on the back of his right hand. Amri gave lathi blows on his waist and left shoulder while Chander gave lathi blows on his waist. When Ram Kishan and Rattan tried to save Lachhman, Amri dealt ballam blow hitting Ram Kishan. Dharam dealt a ballam blow which fell on the left leg of Ram Kishan. Ram Kishan fell down. While he was lying, Sher Singh and Bijender dealt lathi blows on his abdomen. Thereafter, Manohar fired a shot from his rifle which hit Ratan on the neck. Thereafter, Mahipal fired a shot from his country made pistol which hit the head of Rattan. Bijender dealt a ballam blow on the chest of Rattan. Chandra son of Chandan and Hukam son of Nanhe came there. They saved them from the assailants. They witnessed the occurrence. When Chandra, Hukam, and Amri were bringing them (Lachhman etc.) to Palwal Hospital, Ram Kishan died on the way. Lachhman and Rattan were given first aid in the hospital and the doctor kept Lachhman at the Hospital and he referred Rattan to Delhi Hospital. Later on Rattan also died due to injuries suffered by him.

Learned counsel for the petitioner submitted that to Manoharpetitioner, the attribution is that he fired shot from his rifle which hit Rattan on his neck. He submitted that on the post mortem examination of the dead body of Rattan the following injuries were found :

1) Horizontal stab wound on the right side of neck of size 0.9 x 0.3 x 2.3 cm. Both the margins were sharp and clean cut. Both the edges were acute. The center of the wound was 6 cm below the right infra mansbular margin and 144 cm above the level of right heel. Center of the wound was 2 cm right lateral to the median plane. The direction of the wound was medially slightly forwards and upwards.

2) Lacerated wound on the occipital region of the head size 3.5 cm x 0.5 cm x 0.4 cm.

3) Contusion on the upper third right forearm size 3.2 cm x 4.8 cm with swelling.

He submitted that the injury No. 1 which is horizontal stab wound on the right side of the neck of Rattan could not be the result of fire shot. The opinion of the doctor who performed the post mortem examination on the dead body of Rattan was that death was due to shock and haemorrhage caused by injury No. 1. Injury No.1 was caused by double edged sharp weapon/object and was sufficient in the ordinary course of nature to cause death both individually and collectively. According to post mortem report, diffuse surgical emphysema was present on the neck and chest. Injury No. 1 had passed through the right side of the neck though the skin, fascia, passing through the anterior border of sternocleidomastoid muscle on the right side bifurcation of jugular skin underneath with extravocation of blood and then reaching the right lateral wall of second tracheal ring. Rest of the structures of the neck and spine were normal and intact.

Learned counsel for the petitioner submitted that there is discord between ocular version given in the FIR and the medical version recorded in the post mortem report pertaining to Rattan and therefore bail should be allowed to Manohar.

In the statement of Amri son of Dulli recorded on 5.12.1996, it is stated that Manohar fired rifle shots which hit Rattan and Ram Kishan. In the statement of Hukam Singh also, the attribution to Manohar Lal is that he fired rifle shots which hit the neck of Rattan and Ram Kishan. To the same effect is the statement of Chandra. They are alleged to be eye witnesses. It is double murder. At this stage, we cannot give precedence to the opinion of the doctor enshrined in the post mortem report visavis the eye witness account enshrined in the statements of Lachhman etc. So, the prayer for bail by Manohar Lalpetitioner is declined.