Raja Ram vs State of Haryana

M.L. Singhal, J.

This is criminal misc. No. 13238M of 1999 whereby Raja Ram is claiming bail in case FIR No. 322 dated 15.9.1998 registered under Sections 323, 324, 325, 307, 148 and 149 of the Indian Penal Code at Police Station Sadar Rewari.

The prosecution case in brief is that on 15.9.1998 at 5.30 AM Mai Dhan was bringing his buffalo from his plot to his house. His mother Smt. Santra was coming behind the buffalo. When they reached in front of the house of Hardyal son of Sheo Sahai, the legs of the buffalo fell in the kacha drain. Thereupon Mukesh and Raja Ram abused Mai Dhan saying "SALE YOU HAVE DAMAGED OUR DRAIN." Mai Dhan replied that buffalo was an animal, did not know where to go and he (Mai Dhan) started looking ahead. When he had taken 2/4 steps, Mukesh, Raja Ram sons of Basanta, Rajesh son of Birbal, Ramesh, Sunil sons of Hardyal, Surjan, Basant Lal, Hardyal sons of Sheo Sahai and Jitender son of Surjan carrying Farshies, lathies and Gandasas with them came and started dealing blows on Mai Dhan. Raja Ram dealt farshi blows on his head and left hand. Mukesh dealt lathi on the head and right leg of Nathu Ram. Rajesh dealt lathi blows on his left leg and he (Mai Dhan) fell down and raised alarm "Mar Diya Mar Diya". His mother Santra, Prahalad, Muktual, Hardwari, Surja, Rati Ram and the members of his family came. Raja Ram, Mukesh and Rajesh caused injuries to them also. Bimla wife of Hardyal and Salochna wife of Surjan pelted stones from the roof. On hearing noise, Maru Singh son of Sultan and so many other persons reached there and saved them.

Learned counsel for the petitioner submitted in support of his prayer for bail to the petitionerRaja Ram that initially case was registered under Sections 323, 324, 325, 148, 149 of the Indian Penal Code. Mai Dhan was medicolegally examined on 15.9.1998. He was radiologically examined on 15.9.1998. On 1.1.1999 Dr. Karan Singh, Medical Officer, Rewari opined on the basis of Xray report that there was no fracture on his head and there was no injury dangerous to life. On 17.9.1998 he got himself referred to Medical College, Rohtak and there at Medical College, Rohtak he procured report suggesting fracture on his head which was dangerous to life. It was then that the case was converted into one under Section 307 of the Indian Penal Code. It was submitted that when the offence was bailable, they surrendered before the Magistrate and the Magistrate allowed them bail. It was submitted that when Section 307 of the Indian Penal Code is added afterwards, bail should not be refused to them. It was further submitted that there is cross version also. Accusedparty also suffered injuries which are 16 in number including lacerated wounds. It was further submitted that injury being labelled as dangerous to life has not been attributed to the petitioner and it is to be adjudicated upon at the trial as to whom the injury dangerous to life becomes ascribable. It was submitted that head injury being labelled as dangerous to life has been attributed to Mukeshaccused. Doctor found 10 injuries on the person of Mai Dhan out of which one was involving fracture of scalp, fracture of forearm and right leg. There are injuries on the accused side also. Petitioner has been in jail for the last about 4 months.

No wonder it turns out to be a case of version and cross version. Injuries suffered by both the parties may become ascribable to one and the same occurrence.

Looking to the facts and circumstances of the case, I feel bail should be allowed to the petitioner. So bail to him to the satisfaction of Duty Magistrate/Illaqa Magistrate, Police Station Sadar, Rewari.