HUKAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a bail application under Sec. 439 Cr. P. C.

(2.) I have heard arguments.

(3.) It is alleged that Babu Lal, Doongar Singh, Mahesh and Babu Raika were proceeding from Raikabagh area towards Railway level crossing, on 17-12-1975 near about 5-30 to 6 00 p. m. The petitioner accused Hukam Singh at that time when he was standing at the gate of his Bungalow. He called Babu and his companions for drink and dinner. When the party of Babu Lal entered the house of the petitioner, he took them in a room and closed the same. There, he offered drinks to the party and during the course of the drinking bout, he asked Babu and others why some Munshida was murdered by them and in what manner. Mahesh exhibited ignorance. Thereupon, the petitioner took out his knife and asked them to tell the whole truth, as he had already come to know from one Riaz Mohammed that it were Mahesh and Doorgar Singh who had committed the murder of Munshida. It is further alleged that Hukam Singh inflicted a knife blow on the face of Mahesh. When he aimed the second blow Mahesh warded it off on his hand which was injured. Meanwhile Doongar Singh intervened and he too was stabbed into his abdomen. The accused also threatened that he will avenge the murder of Munshida by killing them all. Seeing the brawl, the wife of the petitioner came along with her child and entreated him in the name of his child to deliver the knife to her. The petitioner agreed to her entreaties and delivered the knife to her, but he went inside threatening to return With a revolver. In the interval the party of Babu managed to escape from the house.