SWAMI RAMESHWARA NAND PURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This bail petition has been preferred under S. 438, Cr. P.C. by the accused-petitioner in Criminal Case No. 448/97 arising out of investigation of FIR No. 146/96. P. S., Mandore, Jodhpur, after similar application was dismissed by the learned Sessions Judge, Jodhpur vide his order dated 27-1-1998.

(2.) Briefly stated, the facts relevant for the disposal of this petition are that the petitioner is Head of the Prakash Ashram situated opposite Railway Station, Mandore and, Ashok Kumar, since deceased, was disciple of the accused-petitioner who was also living under the guidance and guardianship of the accused-petitioner and was being educated about various religious tenets etc. at Haridwar, Rishikesh etc. who had adopted his new name as Akhand Chaitanya. Lastly, on his return from Rishikesh where too he had gone from Jodhpur a few days prior to 6-7-1996, it is alleged that the accused-petitioner who was annoyed with the deceased and he did not want to allow the deceased to stay with him at the Prakash Ashram, Mandore and on his insistence it is further alleged that he administered some poisonous insecticide by mixing the same in a lemon-squash which was administered to the deceased and, as a result. Akhand Chaitanya died. The post-mortem of the dead body was conducted and, lastly, it was confirmed that the deceased died because of consumption of poisonous insecticide. The body of the deceased was taken to Rishikesh and his dead body was, according to prevalent last rites submerged into the water.

(3.) However, Narsingh, who is real brother of the deceased, lodged a criminal complaint under Ss. 302 and 201, I.P.C. in the Court of Addl. Chief Judicial Magistrate No. 4, Jodhpur which was forwarded under S. 156(3), Cr. P.C. for registration and investigation of a criminal case whereat FIR No. 146/96 under Ss. 302 and 201, I.P.C. was registered and investigation was completed resulting in filing of final report on 31-7-1996 but, however, being aggrieved, on the protest from the side of the complainant, the learned Addl. Chief Judicial Magistrate proceeded to take cognizance of offences under Ss. 302 and 201, I.P.C. vide his order dated 1-12-1996 and, consequently, the accused-petitioner was ordered to be summoned by issuance of a warrant of arrest to stand trial and hence, after similar bail petition was dismissed by the learned Sessions Judge, this petition has been preferred.