DARSHANSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 439 CrPC, 1973, praying for enlarging the accused -applicant on bail.

(2.) THE brief facts of the case, which are relevant for the disposal of this application are that on 27 0 1977, at about 2 a.m. Darshan Singh lodged a report with the police stating that he has three more brothers and all the four brothers are living jointly. It was further contended that they have two trucks RJR 6167 and RJR 6667. RJR 6167 is registered in the name of Darshan Singh and Major Singh while the truck No RJR 6667 is registered in his own name. It was further alleged that Major Singh and Khelihigh's wife along with seven children died in an accident about a year back. Out of the our brothers, he alone had a wife who had also come in 'nata'. His brother Major Singh had started keeping his wife as his own wife. The petitioner, it was contended, wanted to be compensated for the loss of his wife by getting the truck transferred in his name which was in the name of Major Singh. Major Singh, however, did not agree with this proposal. It was further alleged that on October 26, 1977, he took away the truck after loading wheat in it along with his driver Mangal Singh. When he came near Pechiki Bawari, he asked his cleaner to go back. When Mangal Singh reached near Banthali, it is alleged that the truck No RRR 45 stopped them. It is said that his brother Majorsingh, Harbaksh Singh and Chhida got down from the truck and stopped the truck. The truck driver Mangalsingh was Killed by them. On of the report, the police went to the site for investigation. During investigation, it transpired to the investigation agency that the murder of the driver Mangal Singh was committed by the accused -petitioner Darshan Singh himself. The accused was arrested on 27th October, 1977 at 3. 30 p.m. A challan was submitted before the Judicial Magistrate on 26th December 1977, An application for releasing the accused petitioner on bail was moved before the learned Sessions Judge, Tonk, who rejected the same on the 10th Januaiy 1977.

(3.) MR . Sharma, learned Public Prosecutor appearing on behalf of the State, has opposed the grant of bail to the accused petitioner.