AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) F .I.R. No. 442 dated 31.10.1998 was registered at Police Station, Jhajjar under Sections 302/201/34 I.P.C. on the statement of Sarpanch Partap Singh which reads as follows :-

(2.) ON 31.10.1998 at about 8 a.m., when Pratap Singh was in his house, Naresh Kumar of the village came and informed him that he found a dead-body floating in the well situated in his fields. The Sarpanch along with Naresh Kumar went to the well, saw the dead-body and reported that the young boy has committed suicide by jumping into the well. It is on this basis the F.I.R. has been registered. Petitioner Ajit Singh has approached this Court under Section 439 Cr.P.c. for bail.

(3.) LEARNED counsel for the petitioner contends that there is no eye-witness for the occurrence and that the prosecution rests upon the extra-judicial confession allegdly made by the co-accused before one Krishan Chand and the statement of certain persons according to whom, they had seen the petitioner and the co-accused in the company of deceased, who has now been identified as Om Parkash. Learned counsel for the petitioner contends that the petitioner cannot be implicated on the basis of the alleged extra judicial confession of the co-accused without any substantive evidence, and that the alleged statements of certain others who allegedly had seen the petitioner, his co- accused and the deceased together lastly, are also unreliable.