PREM RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application for bail under Section 439, Criminal P. C. on behalf of the accused-applicants Prem Raj and Nand Lal.

(2.) AN application for bail was moved on behalf of Prem Raj the learned Sessions Judge, Bikaner, who rejected the same on 10-11-75. The learned Sessions Judge observed that the eye-witnesses who were examined by the investigating agency, have named these persons as the assailants of the deceased Bansi Lai, though their names do not appear in the First Information Report. It was further observed that as the case was still under investigation, the enlargement of these applicants would hamper the investigation.

(3.) INITIALLY, the police had registered a case under Section 307/324, I. P. C. against Shivji Lai and Gordhan. Later on as the victim Banshi Lai succumbed to his injuries, the offences were changed to under Sections 302, 307, 324, 148, 149 and 34, I. P. C. A cross case was also registered against the complainant party under Sections 452, 307 and 148, I. P. C, but they were enlarged on bail.