Pawan Kumar vs State of Haryana

M.L. Singhal, J.

This is Crl. Misc. No. 1746M of 1999 whereby Pawan Kumar, Dharam Pal and Sushil Kumar (petitioners herein) are claiming anticipatory bail in complaint case No. 241/1 dated 26.8.1998 titled "Ram Chander v. Pawan Kumar and others" under Sections 302/307/452/34 IPC read with Section 25 of the Arms Act pending in the court of the Judicial Magistrate first Class, Sonepat.

As per Ram Chander (complainant), Pawan Kumar, Hans Raj Bhutani, Ravi Kumar, Sushil Kumar, Dharam Kumar, Savitri Devi and Pappy Dhanak along with 67 others reached the plot No. 7.5.98 at about 7 a.m. which had been purchased vide registered sale deed dated 29.4.1998 from one Rajinder Singh by him and his brother Rajbir. He, his friend Inderjit, brother Rajbir, friends Baljit and Bhup had gone to their plot with a view to raise construction. They were standing there and talking to each other. Hans Raj Bhutani was carrying pistol while Ravi and Pappy were carrying countrymade pistol. Rest of them were also armed. Hans Raj Bhutani asked Ram Chander, Inderjit etc. as to what they were doing. Ram Chander replied that they had purchased this plot and inspecting it for partition according to their share. Hans Raj Bhutani got annoyed and started firing saying that the plot belonged to him, either they should leave the plot or he would shoot them. When Ram Chander resisted, Hans Raj Bhutani, Ravi and Pappy started firing pistol shots. Dharam Pal, Sushil, Pawan Kumar and Savitri also assaulted them with their respective weapons. Ram Chander and Inderjit were hit by gun shots. Because of the firing of shots by Hans Raj Bhutani and others, Inderjit fell. Finding no way out to save himself and his other companions, Ram Chander fired gun shot from his licensed gun. As a result, Hans Raj Bhutani was injured. Ram Chander also fell because of gun shot injury and became unconscious. He remained admitted in the Civil Hospital, Sonepat. No statement of Ram Chander was recorded by the police. Inderjit died of gun shot injury and grievous bullet injury was caused to Ram Chander. As per Ram Chander, the accused party with an intention came forcibly on the plot of the complainant party and fired gun shots at him and Inderjit resulting in Inderjit''s death.

This is one side of the picture painted by Ram Chander. There is another side of the picture painted by Ravi Kumar. As per Ravi Kumar, his uncle Hans Raj Bhutani had purchased one plot opposite to his house. On 7.5.1998 at about 7.30 a.m., he, his uncle Hans Ran Bhutani and Dharam Pal were returning after morning walk. When they reached near the plot, they saw 1516 young men with weapons sitting on cots in and outside the plot. Hans Raj Bhutani asked them as how they were sitting. They replied that they were owners of the plot and sitting in the plot. Ravi Kumar etc. came to know that those people had forcibly taken away all the household effects of Shanker Purbia and his children and also pulled them out of the plot. When this news spread, a number of people from the neighbourhood came there. Persons who had forcibly taken possession of the plot are Ram Chander, Baljit, Inderjit etc. Ravi Kumar did not know the names of the rest of the persons but he could identify them. They were carrying 12 bore gun, gandasis, darat, countrymade pistol. Hans Raj Bhutani asked them to leave as that plot belonged to him. They raised lalkara that all of them be caught and none of them should escape. Ram Chander fired gun shot which hit Ravi Kumar in his armpit. Thereupon, Hans Raj Bhutani brought his licensed revolver from his house. The mjoment he reached there, Ram Chander fired gun shot from his double barrel gun which hit Hans Raj Bhutani in his chest. Hans Raj Bhutani warned that if gun shot was fired again, he would also fire. Hans Raj Bhutani loaded his gun. On hearing the report of gun shots, people who had gathered there, ran away from the site. Out of them one boy named Inderjit raised lalkara that Bhutani should not be spared. Inderjit and Ram Chander who were having gandasis in their hands and Bhushan who was having countrymade pistol spotted towards Hans Raj Bhutani. Hans Raj Bhutani started firing from his licensed revolver in selfdefence which hit 23 persons out of them. Ravi Kumar knew only Inderjit and Ram Chander out of those 23 persons. Hans Raj Bhutani fell on the spot. Rajbir, Baljit, Bhushan and their accomplices ran away from the spot. Hans Raj Bhutani was being taken to General Hospital, Sonepat when he breathed his last on the way.

There are two versions of the occurrence. Author of one version is Ram Chander. Author of the other version is Ravi Kumar. On one side Inderjit lost his life and on the other side Hans Raj Bhutani lost his life. Learned counsel for the petitioner submitted that case FIR No. 283 was registered on 7.5.1998 (Annexure P5) with regard to the occurrence and during the course of investigation of that case, the police came to the conclusion that Inderjit died by the gun shot fired by Hans Raj Bhutani in his selfdefence.

It is not a stage where these versions can be appreciated. Fact, however, remains that there is one death each on each side. At this stage it is difficult to know as to what was the genesis of the occurrence. In the face of facts and circumstances of the case, I think anticipatory bail should be allowed to Pawan Kumar, Dharam Pal and Sushil Kumar petitioners. It is, therefore, ordered that the petitioners shall appear before Chief Judicial Magistrate, Sonepat who shall call upon them to furnish necessary bonds.