PRAKASH CHAND Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner was arrested in FIR No. 186/2009, registered under Sections 302, 201 and 120B of the Indian Penal Code, in Police Station Ghumarwin, District Bilaspur; H.P. THE investigation in the case is complete and the challan has been pending committal Court. THE bail application filed by the petitioner was rejected by the Court of Sessions as such the instant application has been moved under Section 439 of the Code of Criminal Procedure, for his enlargement on bail.

(2.) PRECISELY, the facts giving rise to the instant application are that the petitioner being Tehsildar was earlier posted at Palampur and thereafter transferred to Bilaspur, where he was living with his family. Kumari Kiran is his grown up daughter. The deceased Murari Lal alias Krishan Chand developed intimacy with her. He was a regular visitor in the family at Palampur. Thinking that he is an unmarried chap and both can marry, no one objected to it, but later, while his posting at Bilaspur, petitioner came to know that the deceased was a married person having two children. Therefore, his visits in the house were objected to by one and all.

(3.) ON 15th October, 2009, an unidentified dead body was found floating in Govind Sagar lake; Bilaspur near Kamdror bridge, the hands and feet of which were found tied with a rope. Police was informed. Finding a case of murder, police registered a case under Section 302 of the Indian Penal Code and started investigation. The post-mortem of the dead body was got performed and in the opinion of the doctor, the deceased had died due to ante-mortem injuries on his head. The dead body was cremated by the Municipal Committee on 19.10.2009. The identity of the dead body was established by DNA to be that of Murari Lal.