TIRATH SINGH Vs. STATE

JUDGEMENT

(1.) Petitioners are facing trial before.learned Principal Sessions Judge, Ramban for offences punishable under Sections 302/109/34. RPC. An application for grant of bail, during the pendency of the trial, was filed by,the petitioners before the trial Court, which was rejected vide order dated 16-4-2009. It is under these circumstances hat present application for bail has been filed by the petitioners before this Court.

(2.) In order to understand the controversy involved in this petition, certain facts are required to be enumerated. A report was lodged before Police Post Ramsoo by Keshav Ram and Grandharb Singh, both- nephews of deceased Mathra Singh on 14-12-2006 wherein it was alleged that on the intervening night of 13/14 December, 2006, when the complainants had gone to attend marriage of one Shadi Lal's daughter in village Senabathi tehsil Banihal, and deceased Mathra Singh was alone at his house, he appears to have died under suspicious circumstances and his dead body was found lying on the road side about 100 yards away from his house. On filing of the report, police proceeded under Section 174, Cr. P.C. after.conducting the post-mortem of the deceased. No FIR could be lodged as there was no direct or indirect circumstantial evidence leading to the cause of the death of the deceased. On 21-5-2008 a written complaint was lodged by one Bharath Singh son of deceased Mathra Singh, alleging that one Ghulam Hassan S/o Assadullah has seen the accused persons dragging the dead body of the deceased. No other eyewitness was cited in the said complaint by the complainant. Statement of Ghulam Hassan was recorded under Section 164, Cr. P.C. before learned Magistrate, where he is stated to have said that the alleged accused persons were seen dragging the dead body of the deceased on the intervening night of 13/14 December, 2006. It is stated that after filing of complaint on 21-5-2008 by Bharat Singh, one more eye-witness was inserted, namely, Bharat Singh S/o Kamal Singh, nephew of the deceased whose statement was also recorded on 3-6-2008.

(3.) On filing of the FIR investigation in the matter was concluded.and report under Section 173, Cr. P.C. was filed before learned Sessions Judge. Ramban. The trial in the case is underway and ten witnesses have been examined by the prosecution.