Ram Saran vs State of Haryana

M.L. Singhal, J.

This is Crl. Misc. No. 32158M of 1998 whereby Ram Saran and Krishan sons of Mehar Chand have prayed for the grant of anticipatory bail to them in case FIR No. 267 dated 11.10.1998 of PS Khol under Sections 326/325/323/34 Indian Penal Code.

The prosecution case in brief is that on 9.10.1998 at about 6 p.m., Smt. Suman and Ram Kala went to the water tap lying installed near the road in front of their house for taking water. After taking water when they were returning to their house, Sri Ram son of Dev Karan raised lalkara that these ladies be taught a lesson. In the meantime, Jagram and Om Parkash sons of Sunda Ram, Ram Saran and Krishan sons of Mehar Chand came there. Jagram dealt a jelli blow on the head of Suman. Ram Saran dealt lathi blow on the head of Ram Kala. Suman and Ram Kala raised raula. Om Parkash dealt kulhari blow on the right hand of Ram Kala on her elbow joint and Jagram dealt jelli blow on the right side of head of Ram Kala. Attar Singh came to rescue them. Krishan dealt kulhari blow on the head of Attar Singh. In the meantime, Ram Saran and Jagram gave injuries to Ram Kala. Many persons gathered at the spot. Suman''s husband Rama Nand and brotherinlaw Subhash put her, Ram Kala and Attar Singh in a tempo and took them to hospital. Both parties received injuries.

In support of his prayer for anticipatory bail, learned counsel for the petitioners submitted that it is a case of version and cross version and in fact Attar Singh, Kailash, Bhur Singh, Mahavir Singh, Suman, Ram Kala, Shakuntla and Gindori had murdered Sri Ram son of Dev Karan on 9.10.1998. In that behalf, FIR No. 266 dated 10.10.1998 was got registered against Attar Singh, Kailash, Bhur Singh, Mahavir Singh, Suman, Ram Kala, Shakuntla and Gindori. With a view to counterblast that version, this case was got registered by Smt. Suman on 11.10.1998 after consultations and deliberations. It was submitted that the petitioners Ram Saran and Krishan did not inflict any injury on the person of Smt. Suman or the person of Smt. Ram Kala. It was submitted that there was no injury on the person of Smt. Suman and there was no injury on the person of Smt. Ram Kala and the medicolegal reports pertaining to them are fake. It was submitted that Ram Saran and Kishan moved application through Dharam son of Sri Ram deceased for their medical examination. Medical board was constituted but they did not submit themselves for medical examination to the board. It was further submitted that injuries No. 1, 3, 4 & 5 of Smt. Ram Kala were kept under observation. Xray was advised. In injury No. 3 & 4, fracture in the right ulna was seen but this injury was attributed to coaccused Ram Parkash. Injury No. 1 of Suman was advised Xray. Fracture was seen in the parietal region. It was submitted that injury of Ram Kala was attributed to one Jagram coaccused. No grievous injury was attributed to the petitioners. It was further submitted that there is no allegation that there was common intention between all of them.

In the version of Smt. Suman it is mentioned that both the parties received injuries. In the FIR No. 266 dated 10.10.1998 under sections 302/323/149/148 IPC of PS Khol recorded at the instance of Dharamvir son of Sri Ram; Suman, Ram Kala, Attar Singh etc. figure as causing injuries to Om Parkash son of Sunda Ram and Jagram. In the occurrence, Jagram, Om Parkash, Krishan, Dharamvir and his father Sri Ram etc. suffered injuries. As a result of the injuries Sri Ram died. As per Dharamvir also, the time of occurrence was 9.10.1998 at about 6 p.m. As per Smt. Suman also, the time of occurrence was about 6 p.m. on 9.10.1998. In the occurrence that is alleged to have taken place on 9.10.1998 at about 6 p.m. in which Sri Ram lost his life and Dharamvir, Jagram, Om Parkash and Krishan suffered injuries, Krishan petitioner also figures.

It is to be adjudicated at the trial whether the occurrence reported by Smt. Suman on 11.10.1998 was counterblast to the occurrence that took place on 9.10.1998 at 6 p.m. in which Sri Ram lost his life and Dharamvir, Om Parkash, Jagram and Krishan received injuries. It is, therefore, ordered that in the event of arrest, the Investigating Officer will call upon them to furnish bail to the satisfaction of the Investigating Officer. They shall join investigation. They shall keep joining the investigation.