RAM KRISHAN Vs. STATE

JUDGEMENT

(1.) THE petitioners Ramkishan and eight others are standing trials for offence of murder in the Court of the Additional Sessions Judge, Merta.

(2.) BRIEFLY the prosecution story is that on the 29th Sept. , 1955, Shaitana deceased along with his three companions was going from his village Balaya to witness the Karnal fair. When they reached the field of Issa Teli, they were attacked by the accused. Shaitana to save himself fled in one direction and the rest of his companions in another. Shaitana is alleged to have been attacked by all the accused. He received as many as 15 injuries by Pharsi and lathies with the result that he died at the spot. On a report being made, the police arrested all the accused and they were challaned before the Sub-Divisional Magistrate, Nagour. When the enquiry was going on in his Court, the accused made an application for granting bail to the Additional Sessions Judge, Merta, under sec. 498 Cr. P. C. That application was granted and it was ordered that the accused be released on bail if they furnish sureties specified in that order. The accused furnished the surities and they were released on bail. At the end of the commitment proceedings all the accused were sent for trial to the court of the Additional Sessions Judge, Merta, and they were taken in custody. The accused made an application in the court of the Additional Sessions Judge, Merta for granting them bail, but that application has been rejected on the 1st May, 1956.