OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of second bail petition filed under section 439 of cr. P. C. by Mr. S. K. Gupta Advocate on behalf of the applicant Om Prakash pertaining to FIR no. 1/2008 of Police Station Budhadeet, District kota in the offences under sections 147, 148, 149 and 307 of IPC and Section 3 of SC/st (Prevention of Atrocities), Act and Section 302 of IPC added later on.

(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioner has canvassed that the prosecution has examined in all 23 witnesses and now only 2 or 3 prosecution witnesses are left to be examined. These witnesses have not deposed against the petitioner. PW-7 Dhanraj, PW-14 Shivraj, PW-19 sumitra and PW-20 Gajendra have not supported the prosecution story and turned hostile. PW-19 sumitra is the wife of the deceased. Learned counsel took me through the statements of PW-19 sumitra and PW-20 Gajendra and contended that sumitra categorically deposed in her examination in chief that he had seen the accused persons only from their back. She did not see their faces. She did not know the names of the attackers also. PW-20 Gajendra, son of the deceased, categorically deposed in his crossexamination that the petitioner Om Prakash was not one of the co-accused persons who had murdered his father. The petitioner has been in custody since 16. 03. 2008. Three co-accused persons have already been enlarged on bail by the co-ordinate Bench. In the first bail order dated 20. 6. 2008 rendered by this court observed on page 4 with regard to the cause of death of the deceased which is as under: the cause of death, in the opinion of the Doctor who performed the autopsy, has been recorded due to Comma as a result of head injury and its complications such as malnutrition, septicemia which was sufficient to cause death in the natural course of life.