KESHARDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused Petitioner Keshardev has filed this criminal misc. Second bail application under Section 439 Code of Criminal Procedure. The accused Petitioner is facing trial for the offence under Sections 302, and 307 IPC and 3/25 and 3/27 of the Arms Act in FIR No. 68/2005 registered at Police Station Nechwa, District Sikar before the Additional Sessions Judge (Fast Track) No. 1 Sikar. Earlier the accused Petitioner filed application under Sections 439 Code of Criminal Procedure. Before this Court, which was dismissed as withdrawn on 18.1.2010. The accused Petitioner was arrested on 5.9.2005 and since then he is in custody.

(2.) Brief facts of the case are that on 5.9.2005 the complainant Heeralal resident of Meelon Ki Dhani, Sikar lodged a report with the Police Station Nechwa and stated therein that on 4.9.2005, he (the complainant), his father Narayan, his mother Jeevani, sister Jana Devi, and Mukesh were sleeping in their house but in the night at about 1.30 a.m. the accused Kesar Dev came with some accused persons and started beating the whole family members. Hearing hue and cry his grandfather Ramdev Singh and grand mother Tiju Devi, Tulcha Ram and Bhanwar Singh came then the accused Kesar Dev shot fire by his 12 bore gun due to which Ramdev and Tiju Devi sustained pallet injuries and they were taken to hospital where they expired. The statements of principal eye witnesses namely, PW.1 Heeralal (complainant), PW. 2 Narayan, PW.3 Neewani, PW. 4 Mukesh and PW. 5 Tulcha Ram have been recorded before the trial Court. In the FIR and statements all eye witnesses made allegations of committing murder of Ramdev Singh and Tiju Devi against the accused Petitioner Kesar Dev.

(3.) The accused Petitioner filed fresh application for bail before the trial Court. The Additional Sessions Judge (Fast Track) Sikar while rejecting the application under Section 439 Code of Criminal Procedure of the accused Petitioner stated that the main accused in the case is accused Petitioner Kesar Dev himself and allegations against him is that he killed two persons Teeju and Ramdev.