RAJU Vs. STATE OF PUNAB

JUDGEMENT

(1.) THIS is Criminal Misc. No. 18609 -M of 1998 whereby Raju son of Sohan Lal and Sant Kumar son of Ganesha Ram have prayed for bail in a complaint case under Sections 302/364/394/397/34 of the Indian Penal Code, titled Smt. Tulsi Devi wife of Shri Bhola v. Raju and Sant Kumar son of Ganesha Ram.

(2.) IT has been submitted by the learned Councel for the petitioner that petitioners have nothing to do with the alleged murder of Smt. Tulsi Devi's son. In fact, Smt, Tulsi Devi's son Ranbir was not murdered. His was a death in accident. It has been submitted that Raju was travelling on the scooter with Ranbir Kumar from village Chak Radhewal to Abohar. On the way, one person Sant Kumar also requested for lift on the scooter and he was given lift on that scooter. Raju, Sant Kumar and the deceased Ranbir Kumar were, thus, going on that scooter. It has been submitted that a dog came in front of that scooter and petitioner No. 1 lost control of scooter. Ranbir Kumar received head injury. Sant Kumar received some minor injury. Ranbir Kumar was got admitted in Sita Gunno Primary Health Centre. He was referred to D.M.C. Ludhiana, where he was admitted. DDR was got registered and a copy of the DDR Registered at Police Station Sito Gunno is Annexure P -I. On 31.7.1995, Ranbir Kumar died. Counsel for the petitioner has, thus submitted that so far as petitioners are concerned, they are not involved in the death of Ranbir Kumar, Case FIR No. 9 was registered on 31.7.1995 with regard to the death of Ranbir Kumar. During investigation, it transpired that in the death of Ranbir Kumar, there was no foul play. His death was occasioned through accident. It was submitted that his father Bhola Ram was also examined during investigation and he too did not suspect and foul play in the death of his son and felt satisfied that his son's death was through accident.

(3.) IT was submitted by the learned Counsel for the petitioners that Tulsi Devi, who is mother of Ranbir Kumar raked up the matter after several months branding it was murder committed by Raju and Sant Kumar. According to Smt. Tulsi Devi, his son Ranbir Kumar was last seen in the company of Raju and Sant Kumar alive by one Gopal, son of Duni Chand. There is extra -judicial confession said to have been made by Raju and Sant Kumar before Ram Chand and Kundan Lal that they had committed a blunder by murdering Ranbir Kumar by causing him injuries and further, they had snatched money and gold ornaments from him and had fabricated due to striking of a dog against the scooter being driven by them.