RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 439 of the Code of Criminal Procedure for release of the Petitioner in terms thereof in a case registered vide FIR No. 236 dated 23.10.2008 under Sections 302, 148, 149 IPC, at Police Station Salem Tabri, Distt. Ludhiana.

(2.) IT has been alleged by the prosecution that on 13.9.2008 Mahipal, Ranjit Singh and Gurdeep Singh, residents of Basant Vihar had a fight with Bablu, Sonu, Baba Bindri, Monu Suniara, Gheesi and others. A case under Section 307 IPC was registered at Police Station Salem Tabri, District Ludhiana regarding this incident. Vijay Kumar was a witness in the said case as he had suffered a statement before the police. It was alleged by the prosecution that Vijay Kumar was done to death on this account by the Petitioner along with his other co -accused. The FIR was registered on the statement of one Ashok Kumar, brother of Vijay Kumar deceased who stated that he suspected that Bablu, Jasvir alias Baba Bindri, Monu Suniara and others have caused the death of Vijay Kumar. The Petitioner was not named in the said FIR and he was subsequently arrested. An allegation also surfaced that all the accused persons named by the prosecution had made an extra judicial confession to one Ranjit Singh. Aas a result of the aforesaid the Petitioner is also facing the prosecution for having allegedly committed the murder of Vijay Kumar.

(3.) ON the other hand, learned Counsel for the State on instructions from Ashwani Kumar, ASI, Police Station Salem Tabri has stated that only four witnesses have been examined so far out of total of 34 witnesses named by the prosecution. He, however, has no explanation to offer as to why the delay has been caused by the prosecution in getting the witnesses examined.