CHANDAN SINGH Vs. YASHVINDER CHAUHAN

JUDGEMENT

(1.) By this petition moved under Section 439(2)read with Section 482 of the Code of Criminal Procedure, the petitionerseeks cancellation of bail granted to the respondent by the order of thelearned Additional Sessions Judge dated 12/05/1993.

(2.) The prosecution story is that on 10/01/1993 the accusednamely. Mange Ram, Yashvinder Singh and Mohinder Singh committedthe murder of Ravinder @ Tiger, resident of Village Devali by inflicting injuries on his person with hockey sticks and a Hathi.

(3.) On January 11, 1.993, body of the deceased Ravinder alias Tigerwas found in an open plot located in Sangam Vihar. On the same day thestatements of two parsons, namely. Sham Singh and Raj Dhan, were recorded by thi police under Section 161 of the Code of Criminal Procedure,according to which they allegedly saw the deceased in the company of theaccused on January 10, 19)3 at about 7.00 p.m. Besides the statements ofSham Singh and Raj Dhan, it is claimed that the statement of one SomPal, was also recorded by the police on January 11, 1993 itself. Accordingto this statement Mange Ram is alleged to have made an extra judicialconfession before Som Pal, admitting the commission of the offence by allthe three accused persons. The accused are said to have absconded afterthe incident and on being apprehended on 14/01/1993 Yashvinderand Mohinder made disclosure statements leading to the discovery of bloodstained hockey sticks on 17/01/1993 from the fields located inGhaziabad. The alleged motive for the murder of the deceased is said tobe a long standing enmity between the parties, nurtured by prolongedlitigation between them.