INDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Public Prosecutor Shri Anil Joshi has chosen not to file reply to the application under Sec. 389 Cr.P.C. despite opportunity being provided and he proposes to argue the matter orally.

(2.) Heard learned counsel for the applicants-appellants and learned Public Prosecutor and perused the material available on record.

(3.) Shri Menaria, learned Counsel representing the applicantsappellants urged that the deceased Kalu Bhai @ Noor Mohammed trespassed into the house of the applicants-appellants and tried to misbehave with Chanda @ Chandi (daughter of applicant-appellant No. 2 Prithvi Singh). At that point of time, the girl raised a hue and cry whereupon an altercation took place between the appellants herein and the deceased, in order to save the girl from his clutches. He further urged that it is an admitted case of the prosecution that the deceased came to the house of the applicants in a maruti car. He was carrying a gun like toy with him at that time. He attempted to threaten the inmates of the house on which the accused seem to have raised arms in an attempt to save themselves. He further pointed out that the accused-appellants voluntarily carried the body of the deceased to the Police Station which shows their bonafides. He contended that the accused-appellants, who were on bail, during trial deserve the very same indulgence during the pendency of the instant appeal as well.