AAS MOHAMMAD @ ASHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a second petition under Section 439 of the Code of Criminal Procedure preferred by petitioner, seeking regular bail in case FIR No.42 dated 10.02.2013, under Sections 302, 201, 120-B, 34 IPC, Police Station, Sadar Rohtak, District Rohtak.

(2.) The instant case stands registered on the basis of statement of Karambir Sarpanch of Village Bahuakbarpur. He made a statement to the police to the effect that on February 10, 2013 at about 07.15 a.m. he accompanied by Naresh son of Jogender Singh was going to the fields. When they reached Hisar- Rohtak Road, near hand-pump, they spotted a dead body lying on kacha portion of the road. On seeing dead body, the same appeared to be of an army man. He has suspected that some unknown persons due to some unknown grudge have committed the murder of an unknown person by way of strangulation and threw the dead body to destroy the evidence. It was on the basis of his statement, the investigation was put into motion. During investigation of the case, statements of Narain son of Bhim Singh, Shakuntla wife of Jai Pal Singh (mother of deceased) and Bijender (brother of deceased) were recorded who got identified the dead body to be that of Satish son of Jai Pal Singh. The dead body was got subjected to autopsy. After completion of the investigation, challan was presented to the Court of learned Jurisdictional Magistrate. Subsequently, the case was committed to the Court of Session for trial.

(3.) The contention of the petitioner is that after the dismissal of the previous petition preferred by the petitioner, the statements of the prosecution witnesses Narain, Shakuntla, and Bijender have been recorded and they did not utter even a single word showing the involvement of the petitioner. Even the name of the petitioner did not figure in the FIR. No specific role has been attributed to him by the aforesaid witnesses. Infact from the testimonies of Narain and other witnesses, it reveals that Ms.Sudesh wife of deceased-Satish was having illicit relations with one Naveen, who is a frequent visitor to her house.