PREM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in this petition is to release the petitioner on regular bail in FIR No.65 dated 15.7.2006, under Sections 302/34 IPC, registered at Police Station, Mohana, District Sonepat. As per the allegations contained in the FIR, the complainant found the dead body of Karan Singh his cousin lying in the Veterinary Hospital of the village. According to the complainant, deceased Karan Singh had left the house at about 3-4 PM on the previous day and had not returned home since then. Initially, the complainant apprehended that Karan Singh might have committed suicide by consuming some poisonous substance as he was feeling ashamed due to non-return of the loan amount which he had taken from Smt. Savitri Devi wife of Shri Ram Niwas. However, upon the post-mortem examination, it was reported by the Doctor that the deceased had died due to asphyxia on account of smothering. During the course of investigation of the case, it appears that Balwan Singh and Krishan who are now co-accused of the

(2.) petitioner, were arrested on 19.9.2006. It was the above named persons who are stated to have made an extra judicial confession followed by disclosure statement on 20.9.2006, in terms whereof Angrej Singh and Sat Pal Singh were also implicated. The above-named Balwan Singh and Krishan, however, made a second disclosure statement on 27.9.2006, in terms whereof the petitioner along with Inder Singh were also implicated.

(3.) According to the investigating agency, Inder Singh pressed the mouth and nose of the deceased with the help of a bedsheet upon which he became unconscious and ultimately died. The petitioner is alleged to have caught-hold of the deceased at that time and thereafter he acted as a watchman when the dead body was being thrown in-side the compound of the Veterinary Hospital. The investigation is complete and challan has also been presented.