GANPAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Perused the challan papers including the police statements of injured witnesses and the alleged eye witnesses as also the post mortem report of deceased Bhurm Ram and injury reports of other injured persons. In the police statement none of the witnesses has attributed any overt act to accused-petitioner Ganpat ragarding the injuries sustained by deceased Bhurra. In other words, there is omnibus statement of all the witnesses to the effect that all the 12 accused persons, who belong to the same family had inflicted injuries by lathi, jelli etc. Deceased Bhurra sustained two injuries on his fronto parietal region resulting into the fracture of parietal bone. Rameshwar, Bhagwana and Km. Pappu of the accused party also sustained injuries in the incident.

(2.) The contention of Shri R.S. Agarwal assisted by Shri Rajneesh Sapra is that a learned S.B. of this Court has rejected the bail petition of co-accused Mohan and Banna Ram, allegations against whom are similar.

(3.) I have perused the said orders but in that orders the reason not taken into consideration.