MAHESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.115/2019, Police Station Merta Road, District Nagaur for the offences under Ss. 323, 324, 326, 307 and 302/34 of IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this Court on 8/1/2020, eleven prosecution witnesses have been examined including PW-1 Sita Devi, PW-2 Arjun Ram and PW-3 Sharda Devi. He further submits that the deceased Ramniwas and present petitioner Mahesh are real brothers having their agricultural fields side-by-side. He further submits that the dispute between the parties arose on a very trivial issue on the ground that the complainants were insisting the petitioner not to remove the boundary wall (Maad) of his field otherwise the entire rain water will flow into their fields destroying their crops. He further submits that the complainants were aggressors in the present case and as per the site plan, the incident had taken place in the agriculture fields. He further submits that the deceased received a single injury and as per the First Information Report and the testimony of PW-1, PW-2 and PW-3, the person who assigned the fatal injury is different.