AMBA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Both these bail applications may be disposed of by a common order as they arise from F.I.R. No. 389/94. It appears that in an incident which took place at 8 a.m. or soon 18.9.1994 members of both the parties sustained injuries. One person from each side has also died due to the injuries. In the present case, from the complainant party one Navratan has died while from the side of the accused Ram Narain has died.

(2.) Learned counsel for-the petitioners contended that the incident took place on a dispute about water channel from a common well whereby the fields of both the parties are irrigated. It was also contended that the members of the accused party in the present case acted in exercise of right of private defence of person and the report made by them is earlier in time.

(3.) After going through the F .I.R. of this case as well as, the F.I.R. of the cross case and taking into consideration that one person from each side has died and some persons have been injured, it is difficult to decide at this stage as to which of the parties was the aggressor.