KAMAL Vs. STATE

JUDGEMENT

(1.) THE petitioners seek bail under Section 439 of the Criminal Procedure code in FIR No. 764/2007 under Section 304 of Indian Penal Code, P. S. Uttam Nagar who are in judicial custody since 30th October, 2007.

(2.) THE petitioners are neighbors of Late Surajmal and his sons. An altercation had taken place between the petitioners and Late Surajmal and his sons on Janamastmi and in the altercation the maternal uncle of the applicants was attacked and he had sustained serious injuries, because of which an FIR no. 759/2007 dated 5th September, 2007 was registered against Sandeep, Nasib and another accused who are sons of deceased Sh. Suraj Mal, who have since been released on bail for the offences under Section 323/307/34 of IPC pursuant to order dated 18th October, 2007 of Additional Sessions Judge.

(3.) THE FIR No. 764/2007 was registered against the petitioners after the demise of Surajmal after the altercation between the two parties. The statement of the widow Smt. Bimla was recorded on 26th September, 2007 who stated that her husband was beaten with dandas whereas the son of the deceased, Naseeb in his statement had stated that Surajmal was beaten with kicks and fist blows.