SHANKAR Vs. STATE

JUDGEMENT

(1.) . This is a petition under section 439 of the Criminal Procedure Code for release of the petitioner on bail.

(2.) . Briefly stated the facts of the case are that one Ram Piari was found murdered on the night of 26/27.1.1989 but there was no eyewitness to the said murder. The mother of the deceased, who lives in Darbanga, sent a letter dated 12th April, 1989 to the police wherein it was alleged that Smt. Ram Piari had been murdered by her husband Ram Lalla. Pursuant to the said complaint Ram Lalla was arrested on 16th April, 1989. A disclosure statement of Ram Lalla was recorded on 16th April, 1989 wherein he stated that he and one Umesh had inflicted kinfe injuries on Ram Piari and accused Shankar (petitioner herein) kept standing at a distance along with the son of the deceased. Thereafter, the petitioner was arrested on 19th April, 1989 and his disclosre statement was recorded on the same date. In his disclosre statement the petitioner stated that accused Ram Lalla bad taken his son and kept standing at a distance when the knife injuries were inflicted on the deceased by him and Umesh. Thereafter, another disclosrue statement of accused Ram Lalla was recorded on 19th April, 1989 wherein he stated that accused Umesh and Shankar (petitioner) had inflicted kinfe injuries on the deceased whereas he along with his son kept standing at a distance. It may be pointed out here that one knife of 8.3 cms. length including the blade was found at the spot where the dead body of the deceased was lying and another knife of 21 cms. length is alleged to have been recovered at the instance of the petitioner.

(3.) . Ms. Urmil Khanna, advocate, learned amicus curiae appearing on behalf of the petitioner, submitted that the main accused Ram Lalla, who in his first disclosure statement had stated that the knife injuries had been inflicted on the deceased by him and accused Umesh, has already been granted bail by this court vide order dated 27th February, 1992 passed inCr.M(M)2055of 1991. She further drew my attention to the statement of Public Witness 10, Dr. L.T. Ramani, who conducted postmortem on the dead body. Dr. Ramani has stated that in his opinion the injuries were not possible with the knife with blade of 9.7 cms. and total length of which is 21 cms. Learned counsel for the petitioner, therefore, contended that the injuries were not inflicted by the petitioner and as such the petitioner should be released on bail.