SAMPAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant petition under Section 439 (2) of the Code of Criminal Procure, 1973 (for short 'the Code' hereinafter), the first informant has challenged the order dated 15. 11. 2007 passed by learned Additional Sessions Judge, Bhadra, district Hanumangarh (for short 'the trial court' hereinafter) granting anticipatory bail to respondent No. 2 Rajinder Kumar under Section 438 of the Code in a criminal case arising out of FIR No. 123/07 P. S. , Bhirani for the offences under Sections 307, 326, 324, 323 and 341/34 IPC.

(2.) I have heard learned counsel for the parties. Carefully gone through the order impugned dated 15. 11. 2007 as also the police investigation diary. I have also carefully gone through the statements of three injured namely the present petitioner Sampatram, Sunil and Anil recorded by the police under Section 161 of the Code. Apart from the statements of these three witnesses, I have also gone through the statements of other witnesses who have witnessed the occurrence.

(3.) IN the instant case, the first information report, being FIR No. 123/2007, was registered on the basis of the Parcha Bayan of the petitioner injured. IN the Parcha Bayan, it has been categorically stated that the accused persons named in the statement, which includes the present respondent No. 2 Rajinder Kumar, surrounded the injured persons with an intention to cause murder of first informant and his two sons. The accused respondent No. 2 was said to have been armed with an axe, co- accused Bharatsingh with Barchhi (Gandasi), Chhoturam with Lathi, Vinod with Spade, Kalawati and others ladies with lathies. It is further stated that the petitioner and his two sons Sunil and Anil were assaulted by causing injuries by Axe, Barchhi and Spade all sharp edged weapons and because of numerous injuries suffered by injured persons, the petitioner and his two sons Sunil and Anil became unconscious and fell down and thereafter the accused mentioned in the statement said to have fled away. The police registered the crime report for the offences noticed above. IN the statement under Section 161 of the Code also, the similar version has been given by the petitioner so far as respondent No. 2 is concerned and it has categorically been stated that he was armed with Axe and others with Barchhi, Spade, lathies etc. and in order to commit the murder of petitioner and his two sons, the accused caused injuries by Axe, Barchhi, Spade, Lathies etc. It has specifically been stated at many places in the statement that accused respondent No. 2 was armed with Axe and inflicted injuries to all the three persons i. e. present petitioner and his two sons Sunil and Anil.