SOBARAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) REMAINING arguments were heard and also arguments in Misc. Criminal Case No. 177/90 (Mangal Singh alias Mango v. State) second bail application of co accused, were also heard. The following order shall dispose of both the bail applications.

(2.) APPLICANT Sobran Singh son of Bal Mukand of Narsinghpur (P.S. Noorabad). who is the applicant in Misc. Criminal Case No. 1637/89, and Mangal Singh alias Mango S/o Gopal Singh of Pahavali, P.S. Sumavali, Shrilal S/o Shankar Jatav of Pahavali, P.S. Sumvali, Punjab Singh S/o Kok Singh of Pahavali, P.S. Sumavali and Mangalia S/o Lajjaram of Pokhan Singh -Ka -Pura, Mauza Vindwa, Police Civil Lines, Morena, have been arrested in Crime No. 76/89, P.S. Noorabad, registred under sections 302/34 and 120 -B IPC, arising out of the murder of applicant Sobaran Singh's cousin Rambabu of Narsinghpur, P.S. Noorabad.

(3.) THE learned Dy. Government Advocate says that accused Punjab Singh of Pahavali is, according to the police, the bearded man who had shot at and injurned Rambabu. The aforementioned Punjab Singh, co -accused Shrilal and applicant Mangal Singh alias Mango belong to the village of pahavali. As observed by me in my earlier order dated 4 -12 -1989 by which applicant Mangnl Singh's first application Was rejected, applicant Mangal Singh. Punjab Singh and Shrilal Jatav came to the house of Rameshwar Gujar, applicant Mangal Singh's brother -in -law, along with three or four persons. There he made an extra -judicial -confession to the effect that he, Panjab Singh and Shrilal Jatav had killed Rambabu Gujar by shooting him at the instance of co -accused Sobaran and Mangal Gujar of Vindwa. It was also pointed out that Mangal Singh of Sahrana told the police that applicant Mangal Singh, Punjab Singh, Shrilal Jatav and Mangalia Gujar came to his house on 1 -8 -89 and there Punjab Singh had taken out a Katta and said that Rambabu Gujar would be killed.