BIRDHA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under section 439 Crimial P.C. praying that the accused petitioner against whom a case under section 307 Penal Code is being registered. '

(2.) An application for bail was also moved before the learned Sessions Judge, Jaipur, District Jaipur, who rejected the same on June 12, 1978.

(3.) The facts of the case which are relevant for the disposal of this bail application are that on May 30, 1978, Ramu said that there are rumours that Jodha tried to molest his own daughter and that Gyarsa was instrumental in spreading this rumour. It is on this account that Jodha and other members of the family started bearing ill will against the petitioner, and his members of the family. It is said that on May 30, 1978, at about 9 a. m. Birdha went to the house of Gyarsa with a muzzle loading gun and called him. When he came out he was fired at. On hearing the report of the gun fire Bahya, Lachhu, Malya, and Nanda reached there. Nanda gave a blow with Jeli on the muzzle loading gun which broke in to pieces. The accused was arrested on June 5, 1978 and was remanded to the judicial custody the following day. According to the medical report simple injuries were received by Gyarsa while the petitioner himself has received a number of injuries including grievous injuries. The contention of the court was also invited towards the statement of Gyarsa recorded under section 161 Crimial P.C. and it was stated that the gun was never aimed at the injured but it went off as a result of the scuffle which ensued.