Criminal Misc. No. M-20020 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-20020 of 2008 (O&M) Date of Decision:20.03.2009 Mohan Lal .....Petitioner Vs. State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. D.V. Sharma, Senior Advocate with Ms. Mamta Rana, Advocate for the petitioner. Mr. Amit Kaushik, Assistant Advocate General, Haryana. Mr. Rajesh Gaur, Advocate for the complainant. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Mohan Lal under Section 439 of Cr.P.C seeking regular bail in case FIR No.103 of 9.6.2007 registered under Sections 323/302/452/506/34 of IPC at Police Station Mullana. The facts in brief are that on 9.6.2007 Ravinder Kumar since deceased made his statement to the police in the terms that on 6.6.2007, at about 9:30 P.M., he came to his house. His father Mangat Ram started abusing him by saying as to why he had come late. Meanwhile, the accused persons three in number armed with sariya and danda came and questioned Mangat Ram as to why he was hurling abuses. On this, the father of the deceased told them that he was giving abuses to his son Ravinder Kumar as he had come late. Mohan Lal (referring to the petitioner) gave rod blows which hit the deceased in the front of his head. He further gave two rod Criminal Misc. No. M-20020 of 2008 (O&M) -2- blows out of which one landed on his head and the other one on his left hip. Gurnam and Parveen gave respective danda blows in the stomach of the deceased. For long time, they continued giving such blows in his stomach besides this, they also dealt danda blows on the body of father of the deceased. On being raised alarm, they were rescued by Krishna Devi, mother of the deceased and Rakesh Kumar, younger brother of the deceased. The aforesaid accused also gave danda blows on the person of Krishan Devi as well as Rakesh Kumar. The cause of grudge is that a case is pending against Mohan Lal in the Court filed by the complainant party. The assailants left place of occurrence by leaving behind the words that today you have been saved and in future, if and when they got a chance, you will be killed. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. The fatal injuries have been attributed to Gurnam as well as Parveen and not to the petitioner. Simple injuries have been ascribed to the petitioner. As is borne out from the post mortem report, the cause of death is septicaemia due to abdominal injuries as described. As per the evidence tendered by Dr. Kirti Sharma, PW4, 3 lacerated wounds were found on the scalp of Mangat Ram injured witness. The skull X-Ray was advised. Statedly, there is no report regarding radiological examination of the above-mentioned injuries. One lacerated wound was found on the skull of Ravinder Kumar deceased. Injury No.2, i.e., complaint of pain in abdomen around umbilicus appear to be the cause of death of the deceased. As noted supra, this injury has been attributed to the non-applicants. It is in the cross-examination of the aforesaid Doctor that I have not been shown any X-Ray report. Lacerated Criminal Misc. No. M-20020 of 2008 (O&M) -3- wounds as observed in the MLR of both the injured are possible by fall on hard surface. As far as injury No.2 on the person of Ravinder Kumar is concerned, no external or mark of injury was seen. No change in colour of skin or any marks on the skin or any swelling of the area was seen. In fact, it was no injury and it was just a complaint of pain. “I have not been shown any ultra sound report till date. Ravinder Kumar injured was conscious, cooperative, well-oriented. His general condition was fair. Smell was coming out of breath with history of vomitting. There was no cut bleeding. In case Ravinder Kumar, from whose mouth alcoholic smell was coming had a fall, he would have received the injuries as mentioned in the MLR. The patient Mangat Ram when examined was consicous, cooperative and oriented. General condition was fair. Alcoholic smell was coming out of breath.” Learned counsel for the petitioner has also shown the photostat copy of an application purportedly written by Krishna wife of Mangat Ram to Sub-Divisional Officer (Civil) Ambala stating therein that some mischievous elements on 6.6.2007 by opening an attack upon her son Ravinder Kumar son of Mangat Ram injured him seriously. As submitted by Mr. Sharma, this application is absolutely silent about the names of the petitioner or others. She had moved this application to the above-mentioned offencer for release of Rs.1 lac under the Rajiv Gandhi Life Insurance Scheme. The petitioner is in custody for the last more than one year and nine months. The conclusion of trial is likely to take more time. Without meaning to an expression of opinion on merits of the case. I deem it appropriate to admit bail to the petitioner. Bail to the satisfaction of Chief Judicial Magistrate, Ambala. Criminal Misc. No. M-20020 of 2008 (O&M) -4- March 20, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No