AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Amit son of Wazir, has preferred the instant petition for the grant of regular bail, in a case registered against him, vide FIR No.280 dated 23.10.2013, for the commission of offences punishable under Sections 302 IPC and 25 of The Arms Act, by the police of Police Station Line Paar, Bahadurgarh, District Jhajjar.

(2.) NOTICE of the petition was issued to the State.

(3.) TERSELY , the prosecution claimed that on 22.10.2013, the petitioner has caused the murder of Saroj Bala, wife of Ranbir Singh, with his pistol. In the wake of statement of complainant -Aarti, daughter of Ranbir Singh (for brevity "the complainant"), the present case was registered against the accused. The complainant, while appearing as PW1 in the Court, has not supported the prosecution case at all in her statement(Annexure P -2). Not only that, other material witnesses PW2 Pardeep, brother of the complainant and PW3 Rajesh son of Ramphal, have also resiled from their earlier statements(Annexures P -3 & P -4) and were declared hostile. There is no other direct or circumstantial evidence available on record against the petitioner, as acknowledged by the learned State Counsel on instructions from ASI Anil Kumar, the investigating officer. In that eventuality, what is the evidentiary value, acceptability and admissibility of the statements(Annexures P -2 to P -4) of such hostile witnesses, inter alia, would be a moot point to be decided during the course of trial by the trial Court.