RAGHUNANDAN CHAUHAN Vs. STATE

JUDGEMENT

(1.) The present petition under Section 439 of the Code of Criminal Procedure (in short the Code) is for grant of bail to Raghunandan Ghauhan, who according to the prosecution, had alongwith Durbeen Singh committed offences punishable under Sections 302, 380 and 460 read with Section 34 Indian Penal Code.

(2.) One Dharam Singh was residing alongwith his family members at Mehandiratta Engineering Corporation, village Kirakunda, Delhi. He was employed in the said factory. It is alleged by the prosecution that on the night between 13th and 14th November 1979 at about 2 or 2.30 A. M. when the said Dharam Singh and his family members were asleep the present petitioner and Durbeen Singh, entered the house. The were armed with knife and saria. One of them dragged the wife (Smt. Rani) of Dharam Singh and removed her ornaments. They also took away Rs. 200.00 in cash. They gave saria blow on the head of each of Dharam Singh and his wife and pushed them into a room which they bolted from outside. They further dragged Ramesh son of Dharam Singh. Ramesh, however, resisted on account of which he was inflicted injuries to which he succumbed later on in the hospital. Case was registered at 8.05 A.M. on 14th November 1979.

(3.) The petitioner was arrested on 21st November at Delhi. He was produced before a Magistrate on 22nd November 1979 and remand for his custody from time to time was taken from a Magistrate. Lastly, it was on 12th February 1980 that he was produced before Smt. Urmila Rani, Metropolitan Magistrate, Delhi, who remanded him to judicial custody upto 27th February 1980. On 19th February 1980 the Police filed charge sheet against the present petitioner and Durbeen Singh. Smt. Urmila Rani, Metropolitan Magistrate, passed the following order :