SATISH ALIAS LAMBI Vs. STATE OF HARYANA

JUDGEMENT

(1.) F .I.R. No. 167 dated 3.5.1999 has been registered at Police Station Civil Lines, Rohtak under Sections 302/34 I.P.C. etc. on the statement of Ramesh Kumar, wherein it has been alleged that his younger brother-Mahesh (deceased in the case) was at home on 2.5.1999 and at about 5.00/5.30 p.m. two boys came and called him, while some others were sitting in car outside. It has also been alleged that Mahesh who had left did not return home even on the next morning and on 3.5.1999 at about 11 a.m., he came to know that the dead- body of Mahesh was laying in the first floor of Nanda Building, Gohana Road, Rohtak on which the complainant along with his brother went to the said building and found Mahesh lying dead with bullet injury and marks of injury on the head and back. The complainant suspected that those boys who had taken him, had killed Mahesh. It has been alleged that the building mentioned above has been taken on rent by the contractors. It has been alleged therein that a few days prior to the occurrence, Mahesh had sent one Surinder to get 4 bottles of beer which the wine contractors refused to give and the complainant's brother had threatened them. The complainant suspected the said contractors also regarding the murder of Mahesh. The petitioner's application for bail was dismissed by the learned Sessions Judge, Rohtak and hence this petition under Section 439 Cr.P.C. for the same relief.

(2.) I have heard the counsel for both the sides and perused the records on file.

(3.) LEARNED counsel for the petitioner, therefore, contends that even as per the statement, petitioner allegedly exhorted Mahabir and that it was Mahabir who fired the shot. Learned counsel for the petitioner contends that the statement of Vinod Kumar is totally unbelievable and if really he was an eye- witness to the occurrence, he would not have kept quiet without reporting either to the police or atleast to the family members of the deceased-Mahesh immediately.