ANAND ALIAS PINTU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two bail applications being related to the same FIR have been considered together; and are taken up for disposal by this common order.

(2.) The petitioners in these ball applications are accused of offences under Sections 302, 307, 323, 327, 427, 147, 148, 149 IPC and Section 3/25 of the Arms Act in Sessions Case No. 40/2009 as taken up in relation to FIR No. 11/2009 Police Station, Bajju, District Bikaner.

(3.) The FIR aforesaid was lodged by the complainant Shyam Singh essentially on the allegations that he was having ancestral land at Bhurasar and Magnewala that was sought to be taken over in possession by Mahaveer Singh Shekhawat and others; and there had been enmity between them and two days before the date of incident, such persons, Mahaveer Singh and Ors. attempted to take Over possession of the land whereupon he reached the site but Mahaveer Singh threatened and turned him away; and that a telephonic information was made to the CO., Khajuwala and ASP, Bikaner (Rural). The complainant alleged that on 23.01.2009 at about 5-5:30 p.m., while himself, his brother, father, Prathvi Singh and Balveer Singh were in the house, several persons as named in the FIR came to the house in vehicles, armed with gun, pistols, barchhi and iron rods; they surrounded the house and damaged the vehicles parked in front of the house; and then, Mahaveer Singh fired from his gun that hit Prathvi Singh who fell down unconscious; and other accused persons fired from their pistols. According to the complainant, the concerned police officers with constables of RAC came in action and thereupon Mahaveer Singh and others fled in their vehicles. It was pointed out that the injured Prathvi Singh was taken to Bajju Hospital and then was referred to PBM Hospital, Bikaner where he expired due to injuries.