GYARSI RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for grant of pre-arrest bail under section-438 Crimial P.C. has been filed by the petitioners who are father and son.

(2.) Prior to First Information Report No. 102/91 at Police Station. Weir, a criminal case was registered at Police Station Bhushawar at 12.30 P.M. on July 9, 1991 on the Parcha Bayan of one Sh. Hari Singh. He had stated in his Parcha Bayan that he was going to Bhushawar from his village in a Metador having registration No. RRD 6140. In the same Metador, Phool Singh & Kunji of his village were also sitting. The said Metador was being driven by one Hari. According to his statement, the said Metador was driven hastely and negligently by the driver, on account of which it over-turned at about 2. K.M. away from Bhushawar causing injuries to the passengers, who were sitting in it. It was further given out that one Smt. Anguri Devi, resident of Jatbalai died on the spot on account of the injury sustained by her in the said accident. Besides Anguridevi, other persons, namely, Phool Singh, Roshan, Ramdhan Chobe, Kunji etc. had also sustained injuries. On this Parcha Bayan, criminal case under section 279, 337 and 304-A I.P.C was registered. An Inquest Report of the deceased Anguri Devi was also prepared in the presence of the motbirs. At that time, Moti S/o Smt. Anguridevi deceased was also present. The police recorded the statements of the injured persons and they also corroborated the fact of the accident and the fact that Smt. Anguri Devi had died on account of the injuries sustained in the accident. The injuries of injured persons, namely, Brij Bhusan, Ramdhan, Hari Singh,Roshan, Phool Singh, Kunji, Suresh and Radhey Shyam were also examined at Primary Health Centre Bhushawar. It may be stated that Suresh is the son of Smt. Anguri Devi & Pooran is the husband of Smt. Anguridevi. Their injuries were examined at 12.00 P.M. on 9-7-1991 on the polite requisition. It is noteworthy that none of them had made any complainant that any beating was given to Smt Anguridevi by the accused-petitioners or that Smt. Anguri Devi had not sustained injuries in the said accident. The Metador was also seized in a damaged condition. A site plan was prepared.

(3.) Subsequently, at 6.15 P.M., Suresh S/o Smt. Anguridevi made a report at police station weir. On this report, F.I.R. No. 102/91 under section 147, 148, 149, 323, 336, 452 and 302 I.P.C. was registered. In this report, he gave out a different story alleging therein that the petitioner Gyasiram happened to be his cousin brother and there was some money dealings between them and that at 8.00 A.M. on 9-7-1991, some altercation took place between him and Gyasiram then accused-petitioners and Mithlesh and the women accused came with lathies and stones. He further stated in the said report that Mithlesh inflicted a lathi blow on the head of his mother while Ramesh inflicted a lathi blow on her chest.