AJAB SINGH Vs. STATE

JUDGEMENT

(1.) This is a pelition for bail on behalf of the petitioner Ajab Singh undersection 439 of Code of Criminal Procedure. It has been stated in the petition that the petitioner is innocent and has nothing to do with the case and further he is not required for any purpose as the charge sheet has already been filed in the Court concerned. The lower court records were summoned and I have perused the same.

(2.) Mr. Mathur. learned Senior counsel for the petitioner submitted that deceased Satyabir Singh is alleged to have been killed at about 6.00 PM on 1st June, 1992 and formal FIR was registered on the same day at 7.40 PM at P.S.Nand Nagri. As per FIR the murder was stated to have been committed by unknown persons. Mr. Mathur drew my attention to a memo dated 1st June, 1992 addressed to the Incharge Mortury G.D.P. Hospital, Sahdara, Delhi written by the then SHO, Nand Nagri wherein it was stated that the deceased has been killed by someone. He further drew my attention to another Memo. dated 2nd June, 1992 again written by the said S.H.O. to the Medical Officer, Mortury G.D.P. Hospital, Shahdara, Delhi wherein it was stated that a few unknown persons had fired on the deceased by two types of weapons causing multiple bullet injuries on him. He also referred to the statement of one Vinod Kumar which bears the signatures of the said SHO dated 1st June, 1992. In this statement Vinod Kumar had stated that he was present at the relevant time when the deceased is alleged to have been killed and he saw 5 persons out of whom he knew three, namely. Ajab Singh, Fakira and Bhagat Singh, getting down from a maruti car and the said three named persons fired on deceased Satyabir Singh and thereafter he ran away because of fear.

(3.) Mr. Mathur submitted,that as per the statement of Vinod Kumar dated 1st June, 1992 mentioned hereinabove, five persons including three named ones were involved in the murder of the deceased. But in the Memo. dated 2nd June, 1992, the SHO did not mention any name of the alleged persons though he himself had recorded the statement of Vinod Kumar on 1st June, 1992 and this shows substantial discrepancies in the investigation conducted by the police.