RAM SWAROOP Vs. DAYA RAM AND ANR.

JUDGEMENT

(1.) This is an application under Sec. 439(2) Cr.PC. for cancellation of bail granted to non-petitioner No. 1 accused Daya Ram vide order dated 20.12.97 passed by learned Additional Sessions Judge, Deeg in Bail Application No. 462/97 relating to F.I.R. No. 209/97, Police Station, Nagar under Sec. 302 read with 34 I.P.C.

(2.) Shri Ramswaroop applicant lodged a report on 21.8.97 that Raja Ram did not return to the house upto 8.00 PM. When he made inquiries, Radhey Lal told him that Raja Ram had gone from his room at 6.00 PM. to answer the call of nature, who was seen by Ganga Ram also passing near a Pipal tree. In the morning the dead body of Raja Ram was found in the field of one Hari Singh. The applicant revealed his suspicion in this incident over Daya Ram. non-petitioner. An altercation had taken place about 15 days back over the electic wire line. A case was registered F.I.R. No. 209/97 under Sec. 302 I.P.C. The Panchnama was made and it was found that blood was oozing from the ear and froth was coming out from the nose. There were abrasion marks of nails on the neck which lead to the conclusion that death of Raja Ram occurred due to strangulation. Statements of the witnesses were recorded on 14.9.97 and 10.10.97. Raja Ram had taken food at the house of Radhey Lal. Ganga Ram Saw him going for answering the natures call. One Attar Singh saw Raja Ram with Daya Ram entering in the house of Daya Ram at 7.00 P.M. Ganga Ram saw Raja Ram passing near the Pipal tree at 4.30 PM. going towards the jungle to answer the natures call. Radhey Lal states that Raja Ram took food with him and went away at about 6.00 PM. to answer the natures call. Bhima saw Daya Ram and Maya on 21.8.97 coming from the jungle at about 4.00 A.M. Daya Ram went out of the village on tractor after the dead body of Raja Ram was found in the field of Hari Singh. Daya Ram made extra judicial confession to Balram, Shivram and Bhagmal. Maya also made extra judicial confession on 18.9.97 that she with her husband killed Raja Ram and even then nothing happened against them. The charge sheet was submitted and the case was committed for trial.

(3.) Daya Ram moved an application for bail under Sec. 439 Crimial P.C. which was registered at No. 462/97 in the Court of Additional District and Sessions Judge, Deeg. The application was opposed vehemently and it was also alleged that Daya Ram threatened the witnesses asking them to desist from giving evidence against him. Attar Singh son of Hari Ram, Bhim Singh son of Govind Singh, Shiv Ram son of Birbal and Ramswaroop informant submitted affidavits in which they stated that the relatives of Daya Ram had threatened them on 12.10.97 for dire consequences if they appeared as witness against accused Daya Ram. Copy of the complaint under Sec. 107, 116 filed by Shiv Ram witness on 25.11.97 against Data Ram father and Siya Ram brother of accused Daya Ram has been filed. Ramswaroop also filed a complaint on 26.9.97 in the court of Additional Collector & Magistrate, Nagar against Data Ram, Siya Ram, Smt. Dhupan, Smt. Maya Devi and Smt. Bhagwati. In both the complaints after receiving the repert after investigation the learned Magistrate after having satisfied issued show cause notices for requiring them to furnish bail bonds for keeping peace for a period of six months. A photo stat copy of the order was also placed in the file of the bail application before the learned Additional Sessions Judge, Deeg, which was heard and decided by him by the impugned order granting bail to non-petitioner accused Daya Ram as stated above. Aggrieved by the impugned order, Ramswaroop has filed this application for cancellation of bail.