Crl. Misc. No. M-35847 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-35847 of 2009 (O&M) Date of decision: February 17, 2010 Guddi @ Saroj and another ...Petitioners Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rakesh Nehra, Advocate, for the petitioners. Mr. PS Batta, Addl. AG, Haryana. GURDEV SINGH, J. Heard. Petitioners, Guddi alias Saroj wife of Naurang and Dharambir son of Rattan Lal, have filed this petition under Section 439 of the Criminal Procedure Code for grant of regular bail in FIR No. 134 dated 20.6.2009 registered at Police Station Beri, District Jhajjar, under Sections 302/34 IPC. This FIR was registered on the statement of Om Parkash, brother of Sukhbir deceased. He narrated therein that outflow of the water of his brother's house Naresh Kumar was blocked by the non- applicant/accused Naurang and he alongwith his brother Sukhbir deceased had gone for clearing that blockage, when they were assaulted by all the accused. Specific injuries have been attributed to petitioners. As per the version of the complainant, Guddi, petitioner, gave a blow with a brick which hit on the right side of the forehead of the deceased and the other Crl. Misc. No. M-35847 of 2009 [2] brick blow given by her hit on his waist. Dharambir gave a blow with a spade on the right hand of the deceased. This petition has been pressed on the ground that the injuries attributed to these petitioners were not fatal injuries and that the occurrence took place in the spur of the moment without any pre-meditation and that all the members of the family of the accused have been arrayed as accused. A perusal of the post-mortem report shows that it was the injury on the chest of the deceased, which proved to be fatal but this fact cannot be lost sight of that all the accused were sharing common intention and each of them shall be liable vicariously. For the time being there is nothing on the record for recording a finding that the occurrence had taken place in the spur of the moment without any pre-meditation. As already observed, the accused party had blocked the outflow of the water from the house of Naresh Kumar. There is nothing on record to make an observation that the petitioners have been falsely implicated on account of the fact that they are members of the family of the other accused. Keeping in view the gravity of the offence and the circumstances in which the same has been committed, I do not find any ground to release the petitioners on bail. Dismissed. February 17, 2010 (GURDEV SINGH ) prem JUDGE