LOKENDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a second bail application under Section 439, Cr.PC in the FIR No. 71/88 registered the Police Station. Itawa, District Kota for an offence under Section 302. IPC. The first bail application was dismissed as not pressed on 14th June, 1988. It is submitted by the learned Counsel for the accused -petitioner that when the first bail application was moved, challan was not filed and now the challan has been filed. Shri Bharat Singh Hada, learned Counsel for the accused -petitioner submits that the alleged incident had taken place on 28th March, 1988, while the FIR was lodged on 8th April, 1988. It was further submitted by him that the original FIR was under Section 365, IPC and later on the case was converted into an offence under Section 302, IPC. The learned Counsel has further submitted that it is alleged there are four accused involved in the incident and out of whom two had already been enlarged on bail by the learned Sessions Judge, Kota. The learned Counsel has made a statement at the Bar that the petitioner has passed B.Sc. (Agriculture) last year and he is seeking admission in the University. He has further submitted that there is no evidence against him which may prove his involvement in the offence under Section 302, IPC.

(2.) SHRI Pareek, learned Public Prosecutor for the State, has submitted that the skelton of the deceased Bajrang Lal was recovered at the instance of the accused. To counter it, Shri Hada, learned Counsel for the petitioner, submitted that it was recovered from an open place and it cannot be said that the skeleton was that of Bajrang Lal. He further pointed out that if the deceased was murdered after 28 -3 -1988, there was no possibility of the skeleton in the form in which it was recovered at the instance of the accused.