BASANTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two bail applications under Section 439. Cr. P.C. have been filed one on behalf of Basanta, Jhabar and Ram Swaroop and another on behalf of Kailash against whom charge-sheet along with others has been filed for the offences u/ss. 147, 148, 149, 302 and 341, IPC in FIR No. 115/02 P.S. Bansur Distt. Alwar.

(2.) It has been contended by the, learned counsel for the petitioners that this is a clear cut case of over implication wherein about 20 persons have been alleged to have voluntarily caused the injuries on the person of the deceased. They have also submitted that out of three eye-witnesses two are the brother-in-laws of the deceased and the third is his wife. The statements of other witnesses have been recorded after a delay of one month and ten days. It is unnatural conduct on the part of these near relatives to have not intervened and tried to rescue deceased Arjun Singh when he was being beaten by such a large number of persons. It has also been contended that most of the injuries found on the person of the deceased Arjun Singh are not on his vital organs, but on legs etc. which fact goes to show that the intention of the accused persons was not to cause his death. but only to cause him injuries. Otherwise they would have inflicted blows on his head and other vital parts of the body. They have also pointed out that Jhabar is alleged to be armed with a bhala but no injury by sharp edged weapon have been found on the person of the deceased as is evident from his post mortem report. They have, therefore, urged that the petitioners may be enlarged on bail.

(3.) Learned P.P. and the learned counsel for the complainant have both vehemently opposed the bail applications. They have submitted that the presence and their participation in the alleged occurrence is amply proved from the statements of the witnesses recorded u/s. 161 Cr. P.C. and the same cannot be disbelieved at this stage. They have also submitted that it is not unnatural on the part of near relatives to keep off because if they had tried to rescue the deceased, they could have also met the same fate at the hands of the accused persons who were all armed with deadly weapons and were attacking on the deceased. They have submitted that in such a case where an unarmed person has been so brutally and barbarously attacked and beaten resulting in his instantaneous death, the petitioners should not be granted the indulgence of bail at this stage.