LAJJA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard. This is a case of circumstantial evidence. On behalf of the prosecution it was submitted that the petitioner made extra-judicial confession before Bachan Singh to the effect that he had given lathi blows to the deceased after the latter had refused to give his goats to the accused-petitioner, regarding which some payment had been made by the accused-petitioner to the deceased earlier. Post-mortem report does not reveal injury on the head of the deceased nor does it reveal that any underlying bone of the head had been fractured. The doctor who conducted the post-mortem has given the duration of the death as 3 to 5 days but he has not been able to give any opinion about the case of death. The occurrence allegedly took place on or about 7th of May, 1990.

(2.) Without expressing any opinion concurring the merits of the case, the petitioner is directed to be released on bail subject to his furnishing two heavy sureties to the satisfaction of Chief Judicial Magistrate, Ambala.