NARESH & 2 ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On the date of polling of Panchayat Elections, Birbal Singh, a candidate from Ward No. 23 of Panchayat Samiti Jhunjhunu was murdered in a broad day light. The First Information Report was lodged at Police Station Sadar Jhunjhunu on the date of the incident i.e. Jan. 29, 2000. The case of the prosecution is that Harphool Singh accused was the main rival of Birbal Singh in the said election. On account of political enmity Harphool Singh alongwith 33 co-accused persons formed unlawful assembly and came to village Bhimsar at abut 12.00 noon in three jeeps. They bodily lifted Birbal Singh, gave him beating and killed him. Body of the deceased Birbal Singh was taken away by them. According to the Post Mortem Report Birbal Singh at the time of his death was 75 years of age. He died on account of shock due to extensive hemorrhage caused by 31 multiple injuries on all parts of his body including head and chest. All the four petitioners Naresh, Rajkumar, Virender and Bhagirath were arrested by the police in connection with the said case on charges under sections 147, 149, 365, 325, 302 and 120 B of the Indian Penal Code.

(2.) In the instant 'bail petitions preferred under section 439 Code Criminal Procedure all the petitioners have asserted that allegations levelled against them are identical with that of the allegations made against the co-accused Ram Niwas, Indra Singh and Intjar, who have been granted bail by this court therefore, the petitioners are also entitled to be released on bail.

(3.) I have reflected over the rival submission and carefully scanned the documents and orders placed before me.