DHARAM CHAND SANKHLA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE petitioners of both these petitions are arrested in connection with the same F.I.R. and they have prayed for being released on bail. These petitioners were heard together and are disposed of by this common judgment.

(2.) SUSHIL Kumar Jain was owner of land measuring about 27 acres in which he was having garden, orchard and a residential house. On 22.4.1996, Sushil Kumar Jain was murdered. F.I.R. of the offence was lodged by his son Bharat Kumar Jain at Police Station Samalkha for the offence under Sections 302/34 of the I.P.C. was registered. Thereafter, this Court vide its order dated 17.10.1996 in Crl. Misc. 12838 -M of 1996, filed by the complainant - Bharat Kumar Jain, entrusted the investigation of the case to the C.B.I. Accordingly, C.B.I. registered a case at RC 7(S) /96 STUN/SIC.II on 29.10.1996 and took over the investigation. C.B.I. produced charge -sheet against five persons as mentioned below :

(3.) ACCORDING to the case of the prosecution, D.C. Sankhla and the deceased were close friends. Their relations became strained in the year 1990 over the agricultural land measuring 27 acres which resulted into civil litigation between the two. D.C. Sankhla has also acquired another land measuring about three acres behind the above -mentioned (disputed) land and the only path available for coming and going through the main agricultural farm of the deceased was closed by the deceased due to pending litigation. A number of complaints were filed by the deceased to higher authorities as he was being threatened from time to time by D.C. Sankhla. It is alleged that the motive behind the threat was to dispossess the deceased and his family from the above agricultural land measuring 27 acres.