DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) REGARDING the death of Ram Kali, FIR No. 243 dated 18.5.1998 under Sections 302 and 201 IPC was registered at Police Station, Rai. Ram Kali was stated to have disappeared on 13.5.1998 and in the FIR, Teeka Ram informant had indicated that the dead body was found in his fields. Challan was presented in the court against Shankar Lal and during trial after recording of some evidence, an application under Section 319 Cr.P.C was moved for summoning Dharambir petitioner as an accused. He put in appearance and applied for bail which was rejected on the ground that in the statement of Teeka Ram it was categorically stated that Dharambir had been seen by him at the time of occurrence.

(2.) BAIL is being sought on the ground that there was nothing in the evidence that was examined before summoning of the petitioner which in any way could implicate him in the incident. It was also submitted that the remarks of Mohinder Singh, the husband of the deceased Ram Kali to the effect that "in fact my wife was murdered by Dharambir and Bittu and not by Shankar and he never named Shankar present in court for the murder of my wife Ram Kali" was not sufficient to indicate the involvement of the petitioner in the murder of Ram Kali and, therefore, he should be given the concession of bail pending trial as the trial likely to take some time.

(3.) MR . Bhardwaj, learned State Counsel has not been able to pin-point any evidence apart from what has been referred to by the petitioner's counsel in which Dharambir petitioner is named as the person responsible for the killing of Ram Kali by Mohinder Singh. The question as to whether the suspicion of the husband of the deceased could be sufficient to bring home the charge against the accused will have to be gone into by the trial court after the complete evidence is recorded during the trial.