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Partap Singh and anr. vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 24 August 1988 · Citation: (1988) 2 AICLR 994 : (1988) 2 RCR(Criminal) 391

HON’BLE JUDGES
A.L.Bahri, J
CASE NUMBER
Criminal Miscellaneous No. 5291-M of 1988
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Judgment

3 paragraphs · 357 words

A.L. Bahri, J.—The occurrence is alleged to have taken place on, June 1, 1988. First information report was lodged on June 3, 1988 by father of the deceased. Raj Singh deceased alongwith Dharma had gone to take fodder from the house of Raj Kumar. Raj Singh deceased had taken liquor in the company of Dharma, Pappu and Raj Kumar. When they returning they were again took liquor. Near the house of Munshi Ram, there was an altercation between Munshi Ram and Raj Singh. However; Munshi Ram went to his house and brought his coaccused. Raj Singh was dragged away in front of their houses. Raj Singh was assaulted by Partap and Mehtab who had also taken liquor with Raj Singh.

2.

Munshi Rani, Kanshi Ram and Mani Ram accused were allowed bail by the Sessions Judge on June 15, 1988 as there was no allegation against them, that they had caused injuries to the deceased. The application for bail of Partap Singh and Mehtab Singh was declined as there were allegations that they had caused injury to the deceased. Twice their bail was declined by the Sessions Judge. They have now approached this Court.

3.

Copy of the postmortem report has been read over by the counsel representing the state which indicates that there was only one injury on the person of Raj Singh deceased on the head purporting to have been caused with blunt weapon. The prosecution also relies upon the evidence of two witnesses Kishan Singh and Rama Nand before whom both the petitioners Partap Singh and Mehtab Singh are alleged to have made a joint confession. Since the deceased died on account of only one injury which could be caused by one of the accused and there being no specific allegation as to which of the accused, either Partap Singh or Mehtab Singh, had caused the fatal injury, benefit deserves to be given to them. Without further expressing anything on the merits of the case and taking into consideration that the case was registered at a belated stage, Partap Singh and Mehtab Singh are allowed bail to the satisfaction of Chief Judicial Magistrate, Bhiwani.