RAMGOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for accused petitioner as well as learned Public Prosecutor and with their assistance perused the material made available at the time of arguments.

(2.) COUNSEL for accused petitioner submits that co-accused Smt. Premwati has already been enlarged on bail by this Court in Bail Application No.1811/2012, vide order dated 19.03.2012. He further submits that a 'lathi' has been recovered from the petitioner as alleged, whereas cause of death is by firearm(Katta), which has been recovered from co-accused Pappu and even as per statement of one of the injured eye-witness Akash recorded under Section 161 Cr.P.C., petitioner cannot be booked for offence under Section 302 IPC.