RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . In the occurrence, Birhmi Devi and Jatti Ram lost their lives. Their death is attributed to Ramesh, Rajbir, Satpal and Devi Lal. According to the prosecution, motive behind the murder of Birhmi Devi and Jatti Ram is that they were carrying on with each other and on the fateful night, it had been learnt that they were lying on the same cot on the roof of the Rest House where Jatti Ram was posted as Beldar in the Irrigation Department. Devi Lal is the son of Birhmi Devi, who was feeling sore with his mother carrying on with Jatti Ram. So far as Ramesh is concerned, he did not have any such motive to kill Jatti Ram and Birhmi. Imputation to Ramesh and Rajbir is that they stood downstairs while Satpal and Devi Lal went upstairs and gave injuries to Jatti Ram and Birhmi Devi. Ramesh and Rajbir kept guarding downstairs. No injury has been attributed to Ramesh and Rajbir. So far as they are concerned, they are not stated to have had any motive. Liability for the murder of Birhmi and Jatti Ram is sought to be fastened upon them on the basis of extra-judicial confession said to have been made before Sham Lal by them all. Extra-judicial confession is not viewed with much favour by the courts. It is, of course, taken with other circumstantial evidence if there by any, to convict the accused.

(2.) WITHOUT going much into the case lest there should be any prejudice to the trial on merits, I feel bail should be allowed to the petitioner. So, bail to him to the satisfaction of CJM, Karnal. Petition allowed.