Sanwal Ram and ors. vs State of Haryana

Ujagar Singh, J.

Jagdish Chander and Lal Singh are said to have been abused by Sanwal Ram, Sher Singh, and Nihal Singh. Thereafter Sanwal Ram, Sher Singh, Kartar Singh, Nihal Singh and Narender are said to have attacked them. Sher Singh is said to have given a Lathi blow in front of the head of Lal Singh, Similarly, Narender petitioner is also alleged to have given a Lathi blow on the person of Lal Singh. Kartar Singh gave a blow to Jagdish Chander complainant. Thereafter Shrimati Shanti and one Surti came there. They tried to save the complainant and his brother. Nihal Singh is said to have given injuries to the complainant. Sanwal Ram is said to have caused injuries to Smt. Shanti Bakhtawar and Gajraj also came there and the former received an injury at the hand of Narender. The latter received injuries at the hands of Nihal Singh and Sher Singh by Lathis. It was thereafter that Ranjit Singh and Ashok Kumar appeared on the scene, but there is no allegation in the First information Report that Ranjit Singh received any injury. It is also admitted in the FIR that the prosecution side caused injuries in selfdefence to Sanwal Ram and others.

After going through the medicolegal reports, as also postmortem report it has been pointed out that Jagdish Chander, Smt. Shanti, Bakhtawar and Gajraj received 2 simple injuries, each by a blunt weapon. Smt. Shand received 5 injuries and Ranjit Singh received 2 injuries. Postmortem of Lal Singh indicates only one injury on his head which is attributed to Sher Singh. The part of the body of Lal Singh (deceased) on which injury was received at the hands of Narender is not indicated in the FIR. One Kamlesh is also alleged to have received one injury, but she and Ranjit Singh were medicolegally examined only on 29101987, i. e. 2 days after the death of Lal Singh. At this stage we have to exclude the injuries of Kamlesh and Ranjit Singh from consideration. Sanwal Ram received 3 injuries and was medicolegally examined almost immediately after the medicolegal examination of the injured persons on the prosecution side, i.e 23.10.1987 at 1230 a.m. Earlier the case was registered under sections 323/148, Indian Penal Code (briefly the Code), but subsequently, on the death of Lal Singh, the offence was changed to sections 302/323/452/148/149/449, of the Code.

Sanwal Ram, Kartar Singh, Narender and Nihal Singh are not attributed to have given any injury to Lal Singh (deceased) who received only one injury at the hands of Sher Singh petitioner.

Keeping in view the facts of the case, as also the medicolegal examinations conducted on 29.10.1987. I find it a fit case to. release petitioner No. 1 to 3 and, 5 on bail. They are directed, to be enlarged on bail to the satisfaction of the Chief Judicial Magistrate, Narnaul.

Bail to Sher Singh petitioner is declined at this stage.

JUDGMENT accordingly