DES RAJ Vs. STATE OF J&K

JUDGEMENT

(1.) THIS application has been initiated for the grant of pre -arrest bail to the petitioners apprehending their arrest in a criminal case alleged to have been registered with Police Station Hiranagar in a case under F.I.R. No. 124/2003 entitled 'State v. Des Raj & others initially registered for an offence under section 306 R.P.C., in which the petitioners were released on bail but subsequently converted into an offence under section 302 R.P.C., after the receipt of the Post Mortem Report, pending at the stage of investigation, in which they are still at large.

(2.) FACTS relevant for the disposal of this bail application, exacted from record, depicted in narration are that on the receipt of an information from the Hospital, Hiranagar, that one Roshan Lal S/O Uttam Chand R/O Pathwal Tehsil Hiranagar has been admitted in the Hospital as Poison case, ASI Krishan Chand of Police Station Hiranagar was detailed in the Hospital. The police official in order to record the statement of Roshan Lal made an application to the doctor but the latter reported that the patient is not fit to make a statement. The patient, however, died in the Government Medical College, Jammu. The inquest proceedings were initiated under section 174 Cr.P.C. by the police, which took possession of the dead body and sent it for post mortem. The investigation revealed that on the night intervening 22nd -23rd of June, 2003, Des Raj S/O Faqiru R/O Patyari, while in his house with the family members caught hold of Roshan Lal in their house and tied him with the Kulla (Pillar) and was given merciless beating. Des Raj, petitioner, called the villagers in his house and in their presence, Roshan Lal apologized and he was released thereafter. This led to the registration of a case under section 306 R.P.C., against the petitioners and investigation ensued. The post mortem report, however, when received from the doctor, has certified the cause of death being injuries and not poisoning.

(3.) IT may be pointed out that the petitioners were released on bail in the aforesaid F.I.R. for offence under section 306 R.P.C., however, subject to the conditions that they will cooperate with the prosecution and shall not tamper with the prosecution evidence and in case of violation of any such conditions, the prosecution was left free to move the Court for cancellation of their bail. The record further revealed that the deceased and the daughter of Des Raj were having affairs. The deceased was earlier also caught red handed in the petitioners house about 4 -5 days prior to the occurrence and had been kept in a room wherefrom he managed to escape by breaking the back door of the house. This makes it clear that the deceased was caught second time in the house of Des Raj by his family members and was beaten badly after having been tied with the pillar. It was in the presence of the villagers that the deceased -Roshan Lal stated to have entered into the house with a purpose to commit theft but, however, when repeatedly pressurized to further state with regard to the theft of the articles, he tendered apology. The investigation also revealed that the elders of the village had also seen one injury above the eye of Roshan Lal and was bleeding at that time. The investigation further unfolded that the Beradari also noticed that the deceased after his release from the house of the petitioners was unable to walk properly and clearly gave an impression that he had been beaten badly. The investigation, however, on the basis of material collected including the post mortem report certifying that the poison has not been used by Roshan Lal to commit suicide and offence under section 302 R.P.C. instead of under section 306 R.P.C., found to have been committed by the petitioners.