RAM KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order will dispose of two Bail Applications No. 1870/96 and 1871/96. Bail Application No. I 870/96 is filed on behalf of Ram Kishore, Panna Ram, Ramji Ram and Sohan Lal while Bail Application No. 1871/96 is filed on behalf of Ram Narayan, Kistoor Ram and Chanda Ram.

(2.) The facts as alleged by the prosecution are that on 14-10-1995 at about 11 P.M. Mangi Lal informed Shri Krishna, SHO, Police Station, Gotan that 3-4 persons attacked on him while he was in his house. He had caught hold of them and therefore, he requested for an action. Shri Krishna, SHO, Mohammed Anwar Alam, Head Constable Ridhkaran, Ramchandra, Dharma Ram, Jugal Kishore and Driver Om Prakash went to Kaswa Kidhani. As soon as they reached near the turn of the 'dhani' 60-70 persons surrounded the Jeep. They were armed with lathis, ballams (spears), sword, kassia and guns. They attacked on the Police persons. The Jeep was damaged and with a common object to kill the Police personnel, beating was started. The matter was reported by the SHO himself who has identified certain persons. FIR mentions that Chanda Ram had kassi Ram Narayan had a 12 bore gun and Chanda Ram inflicted a kassi blow on his head while Ramji Ram inflicted a lathi blow on his hand. Head Constable Mohd. Anwar Alam was injured by a pointed weapon with the result Anwar Alam fell down. Anwar Alam succumbed to his injury. Other Police officials Ramchandra, Ridhkaran, Jugal Kishore also received injuries: A case under Sec. 147, 448, 353, 332, 307, 302/149, IPC was registered and investigated.

(3.) Learned counsel for the applicants submitted that the applicants should be granted bail as the co-accused persons have been granted bail by the Court. He submitted that the applicants have been rounded up with the aid of Sec. 149, IPC for the offence under Sec. 302, IPC and other offences. He also contended that there is no evidence that there was any common object of forming an un-lawful assembly to kill any Police official. He has cited Gafoor v. State of Rajasthan, 1983 Raj LW 656, and has drawn my attention to the ingredients of Sec. 149, IPC. In this citation; it has been held that for the application of second portion of Section 149, IPC it must be proved that the person who is sought to be made liable knew that the offence which has actually been committed or likely to be committed was in prosecution of the common object of the assembly.