(1.) THIS is a revision petition by a private party challenging bail order of Additional Sessions Judge granting bail in a murder case.
(2.) ON 23 -8 -1992, at about 11 -05 a.m. one Madho Singh lodged a report at Panihar Police Station in Gwalior district that on that date at about 7 -00 a.m., in village Piproli, his elder brother deceased Sobran Singh was grazing cattle, when six persons came armed with weapons to assault him. These six persons were Ramnath Singh, Ratan Singh and Mitta Singh, who were armed with Pharsas, Bhattu Singh armed with a lathi and Amar Singh and Vishal Singh armed with guns. Seeing them approaching, both informant Madho Singh as also deceased Sobran Singh started to flee. But Sobran Singh could not run away and was overtaken by the assailants. Ramnath Singh then threw down Sobran Singh and started to beat him with lathi and Pharsa. Amar Singh and Vishal Singh fired at informant Madho Singh but the shots missed him. Continuing with his report, informant Madho Singh further got it recorded that after half an hour he came back to his brother deceased Sobran Singh. Sobran Singh was lying dead. Sobran Singh had Pharsa injuries on throat, head and both thighs, which were all bleeding. The report also stated that after some time. Gyan Singh and Jardan Singh also came, who saw the assailants running away in the direction of the village and the informant also told them about the incident. Previously on 21 -8 -1992, the informant had a quarrel with Ramnath Singh and his son over grazing of cattle. It was on account of that enmity that the assailants had come in concert and had killed his brother Sobran Singh by assaulting him with lathi and Pharsas. The police registered a case of murder of deceased Sobran Singh and attempted murder of informant Madho Singh under Sections 302, 307, 147, 148 and 149. Indian Penal Code.
(3.) IT may be appropriate at this stage to notice, on the basis of post mortem report, that deceased Sobran Singh had received as many as nine injuries, all of them incised, on his head, throat and both thighs. All those injuries were deep -cut injuries, which had resulted in instantaneous death of Sobran Singh at the spot.