KAMLA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals have been preferred by the appellant who is the wife of the deceased, Sohan Singh, challenging orders dtd. 9/9/2019 and 17/10/2019, passed by the High Court of Rajasthan at Jodhpur, in S.B. Criminal Miscellaneous Bail Application Nos. 10473 of 2019 and 11546 of 2019 respectively, whereby bail has been granted to the two accused, namely, Kishor Singh @ Kishan Singh, who is the second respondent in Criminal Appeal No. 342 of 2022 and Kalu Singh who is the second respondent in Criminal Appeal No. 343 of 2022, in connection with FIR No.229 of 2019, registered at Police Station Bhim, District Rajsamand, Rajasthan.

(2.) The facts in a nutshell are that appellant is the wife of the deceased. She is stated to be the person who lodged a missing person report on 14/5/2019 stating therein that the deceased, Sohan Singh, aged 48 years, had on 13/5/2019 left their residence to attend the marriage ceremony of one Sawai Singh and was expected to return by 2.00 a.m. the next morning. When the deceased did not return home, the appellant assumed that he may have continued to stay at Sawai Singh's house. However, when she inquired the next morning, Sawai Singh informed her that the deceased had left the marriage ceremony the previous night itself.

(3.) That a First Information Report, being FIR No. 229 of 2019 dtd. 15/5/2019 came to be lodged, at the instance of the son of the deceased, stating that the deceased was returning to his house after attending the marriage function of Sawai Singh, the nephew of the deceased. The deceased was last seen outside the house of the three accused, namely Kishore Singh alias Kishan Singh, Kalu Singh, who are the two respondents-­accused herein and Teji Devi who is the mother of the respondentsaccused. That three passersby had disclosed to the informantson of the deceased that they saw the accused persons quarrelling with the deceased on the night of his death. One Nath Singh had informed the complainant that he had seen the accused quarrelling with the deceased outside their house and subsequently dragging the deceased into their house, wherein he was assaulted and murdered. The dead body of the deceased was dragged by the accused and thrown into a well nearby.