GHISA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 81/2018 of Police Station Raipur, District Pali for the offences punishable under Ss. 302/34, 452 and 323/34 IPC. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he entered into the house of deceased Panchu Singh and assaulted him with stick and on account of that he died. Learned counsel for the petitioner has submitted that the police have filed charge-sheet against the petitioner on the basis of police statements of wife, two sons and daughter-in-law of deceased Panchu Singh, who have specifically alleged in their police statements that the petitioner forcibly entered into their house and inflicted a stick blow on the head of deceased Panchu Singh resulted into his death in Ajmer Hospital after 5 to 6 days from the date of incident. Learned counsel for the petitioner has submitted that after rejection of first bail application of the petitioner by this Court, statements of wife, two sons and daughter-in-law of deceased Panchu Singh have been recorded before the trial court as PW-1 to PW-4. It is submitted that all the prosecution witnesses have not supported the prosecution story and turned hostile, however, they have specifically stated that the petitioner did not assault the deceased. Learned counsel for the petitioner has submitted that since the important prosecution witnesses have not supported the prosecution story and turned hostile, it is difficult for the prosecution to prove the guilt of the petitioner.