In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-9384 of 2010 ..... Date of decision:13.5.2010 Karam Singh .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. R.S. Mamli, Advocate for the petitioner. Mr. Vikas Malik, Assistant Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner Karam Singh, who is under-trial in a case registered against him for the offences under Sections 302, 148, 149, 323 and 506 IPC at Police Station Indri, District Karnal seeks regular bail during the pendency of the trial. On the complaint of Smt. Raj Rani, the FIR in the case has been registered. It is alleged by the complainant that her husband died five years back. She has three sons, namely, Jasbir Singh, Jagir Singh (deceased) and Lakhbir Singh; besides, 7 daughters, who are staying at Nilokheri. The complainant was staying alone at Dera Japti Chhapra. Her nephew (Bhanja) Jaimal was staying with her. She has about 8¾ Killas of land in Japti Chhapra which is near Dera Sikli Gran. She has a dispute with respect to the said land with Ishtakar son of Abid Hassan and Karam Singh son of Jiwan Singh and a civil suit is pending between them. On the date of Cr. Misc. No.M-9384 of 2010 [2] occurrence i.e. 21.5.2009 at about 8.30 p.m., Raj Rani-complainant made a telephone call to her son Jasbir Singh from the telephone of her nephew- Jaimal Singh that some women of Sikli Gran caste were harassing her and they were hurling abuses on her. The complainant asked her son Jasbir Singh to come and get a compromise effected with respect to the land and get her land. The sons of the complainant, namely, Jasbir Singh, Lakhbir Singh and Jagir Singh; besides, Balwinder Singh, Joginder Singh, Sarabjit Singh, Pal Singh, Jaswinder Singh, Dharambir all residents of Nilokheri came in a Tata Sumo vehicle and went to Jaimal. They took a tractor on rent and started ploughing the sugar cane field. After some time Karam Singh (petitioner), Matti Singh son of the petitioner Karam Singh, Mundi who is `Samdhi' of Karam Singh, as also the wife and daughters of Karam Singh; besides Tahir Abbas, Zahir Abbas, Ishtakar residents of Japti Chhapra; as also Jag Singh and Lakhi Singh residents of Dera Sikli Gran came with Lathis, Barchha and Balam along with jerry cans of kerosene oil. On reaching Karam Singh (petitioner) raised a `Lalkara' and said that a lesson be taught for ploughing the field and that they should not go scot- free. By saying this, they attacked with their weapons and caused injuries. Matti Singh son of petitioner-Karam Singh gave a `Balam' blow in the stomach of Jagir Singh the son of the complainant and his intestine came out. Lakhi Singh gave a `Barchha' blow in the stomach of Balwinder Singh. Both the daughters of Karam Singh beat the complainant with `Dandas' besides, they kicked her. Rest of the persons i.e. Karam Singh (petitioner), Mundi and others gave a beating to her son Jasbir Singh and Lakhbir Singh. They caused number of injuries. In the meantime, somebody made a Cr. Misc. No.M-9384 of 2010 [3] telephone call to the Police which came there and on seeing the Police the assailants ran away with their weapons. Thereafter, they got their sons Jagir Singh and Lakhbir Singh and also Balwinder Singh son of Sardara Singh to Civil Hospital at Indri for treatment. Lakhbir Singh and Balwinder Singh from there were sent to Karnal while Jagir Singh was declared dead. On the basis of the said statement, FIR was registered. A cross-version has also been registered on the statement of Karam Singh (petitioner). In the FIR as has been recorded, no injury has been attributed to the petitioner. It is submitted that one Sher Singh son of Puran Singh had entered into an agreement to sell dated 3.6.1999 in favour of Karam Singh (petitioner) and Ishtakar Hassan after receiving full payment. The possession of the land was also delivered to them. The legal heirs of Sher Singh who had entered into the agreement were disputing the said agreement. However, since the date of the agreement, Karam Singh and others were using the land as owner. Sher Singh had also initiated proceedings before the Rehabilitation authorities which he lost upto the Supreme Court and the possession was given to the petitioner. The land in dispute was, therefore, it is alleged in possession of Karnail Singh and Ishtakar on the basis of the agreement to sell dated 3.6.1999. No role is attributed to the petitioner in the FIR. The only role attributed to the petitioner, which has come in the statement of Jaswinder Singh is that he gave a `Lathi' blow on the right shoulder of Jasbir Singh and on the back as also on the leg. The common object which the petitioner may be having is to be considered and gone into after evidence in the case has been led. There are many accused in the case and the main injury on the person of Jagir Singh (deceased) is attributed to Matti Singh. Cr. Misc. No.M-9384 of 2010 [4] The petitioner is not attributed any injury on the person of the deceased. It is the case of a cross-version as well and the cross-version has been registered on the statement of the petitioner against the complainant-side in the present case. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Karnal shall be admitted to bail. May 13, 2010. (S.S. Saron) Judge *hsp*