Rohtash vs State of Haryana

M.L. Singhal, J.

Through Crl. Misc. No. 31500M of 1998 Rohtash son of Gurdayal has prayed for the grant of bail to him in case FIR No. 161 dated 18.4.1998 under Section 324/323/148/249 IPC converted into one under Section 307 IPC registered at Police Station, Mahendergarh.

Through Crl. Misc. No. 31502M of 1998 Sher Singh son of Gurdayal has applied for the grant of bail in the same FIR. So far as Rohtash and Sher Singh are concerned, they are being prosecuted at the instance of Chhote Lal. As per Chhote Lal, they had purchased one killa of land from Lila Ram son of Fatta Ram resident of Kharoli. Their neighbour Gurdayal had purchased the adjacent land from Jagan Nath. Gurdayal Singh had sown Charri crop in the killa purchased by Chhote Lal, 2/3 days prior to the occurrence. At about 8 A.M. on 18.4.1998 Chhote Lal, his brother Sant Lal, Ashok, Rampat, Balla Ram and Babu Lal collectively with a view to destroy the crop sown by Gurdayal had taken their flock inside the fields. In the meantime, Gurdayal, Raju, Rohtash, Sher Singh, Dhai Ram sons of Ram Chander came there holding Jaili, Lathi and Kulhari in their hands. Gurdayal dealt a jaili blow on the left shoulder of Chhote Lal and Sher Singh dealt a Kulhari blow on the head of Chhote Lal. Gurdayal and Sher Singh gave blows on the hands, legs of Chhote Lal. They also gave injuries to Chhote Lal''s brothers.

As per the version given by Rajinder Parshad son of Gurdayal, they had purchased some land 4/5 years ago from Jagan Nath. Some land adjacent to this land had also been purchased by Rampat son of Mohar Singh Caste Gujjar. With regard to killa of land purchased by them from Jagan Nath, the panchayat of village had intervened 5/6 days ago and the panchayat effected compromise between them making it clear that killa No. 26 belongs to Gurdayal and he would harvest the Charri crop sown in this killa. On 18.4.1998 at about 8.00 A.M. Rajinder Parshad and his father Gurdayal were present at their well. Chhote Lal Rampat came with his goats and strayed them into their Charri crop. They cut kikar and babul trees and put the same to the goats.

Rampat came with Jaili, Satpal with Lathi, Harphool with Lathi, Bishamber son of Lachhman with Jaili, Bhalla Ram with Lathi and Birda Ram with Lathi, wife of Rampat came with Kulhari and wife of Sant Lal came with Lathi. When they came near the fields Rajinder Parshad and his father asked them to go out of the fields whereupon they assaulted Rajinder Parshad and Gurdayal. Babu Lal gave a Lathi blow on his head and another on his waist. Harphool gave Lathi blow on the fingers of his right hand. Sant Lal gave a Lathi blow on his left shoulder and another on his right arm. Rajinder Parshad fell down. While he lay fallen they all three gave him lathi blows. In the meantime his brother Sher Singh and Rohtash came there and they tried to get them released whereupon they also caused injuries to them. Out of fear of injuries being caused they continued lying on the ground. Treating them as dead, they abused and said that they had been taught a lesson for sowing Charri crop in the fields. Rampat and Harphool while going threatened that if Rajinder was saved that day, he would not be allowed to remain alive and he would be killed. With the help of Singh Ram they all were put in a camel Rehri driven by their grandfather Dhani Ram and were brought to the hospital. Gurdayal received some injuries in the head and his condition being serious, he and Rohtash were sent to Medical College, Rohtak. They by making preplanning assaulted them with the intention to kill us and had given threats for being killed.

It has been submitted by learned counsel for Rohtash and Sher Singh that the occurrence took place in the fields which were in possession of Gurdayal. Gurdayal received 7 injuries with multiple fractures. Rajinder received seven blunt injuries. Petitioner and his brother Sher Singh received 3 & 4 injuries respectively. The case which was initially registered under Section 323/506/148/149 IPC was converted into one under Section 325 IPC. Version of Chhote Lal initially disclosed offence under Section 324/323/148/149 IPC but the same was converted into one under Section 307 IPC afterwards. It has been submitted that there was a free fight without any premeditation, as such there could be no question of vicarious liability. It has also been submitted that it has been admitted by the opposite party that they entered the fields with a view to destroy the crop sown by Gurdayal and if that was so, the opposite party was aggressor. The case was registered at the instance of Rajinder son of Gurdayal. It was later on that the opposite party managed with the police and got a cross case manipulated against them. It has been submitted that these are cross cases in which both the parties allegedly fought against each other. It has also been submitted that Gurdayal to whom injuries falling within the ambit of Section 307 IPC, have been attributed, was granted bail by Hon''ble S.C. Malte J. on 23.7.1998 in Crl. Misc. No. 14573M/1998.

After hearing the learned counsel for the petitioners Rohtash and Sher Singh, I feel that bail should be allowed to both of them as there are injuries on both sides. As per Chhote Lal, they had purchased one killa of land from Lila Ram and adjoining to this land some land had been purchased by Gurdayal from Jagan Nath who had sown Charri crop in it. On 18.4.1998 Chhote Lal alongwith Sant Lal etc. took the herd of sheep, goats and strayed them in the fields to destroy the charri crop sown by Gurdayal. They also cut some branches of the kikar trees standing in the fields to graze the sheep and goats. Injuries suffered by Sant Lal on his head fall within the ambit of Section 307 IPC, attributed to Gurdayal who was allowed bail by Hon''ble S.C. Malte, J. vide order dated 23.7.1998. So far as Rohtash and Sher Singh are concerned, no grievous injury has been attributed to them. Only simple injuries have been attributed or the injury dangerous to life may have been attributed to Rohtash or Gurdayal. These are cross cases. Trial in cross cases usually takes long. Rohtash and Sher Singh have been in jail for quite some time. So, bail to Rohtash and Sher Singh which shall be to the satisfaction of Chief Judicial Magistrate, Narnaul. Both these criminal misc. petitions are accordingly allowed through this common order.