JAGRAM Vs. GHAMANDI, CHANDER, HARI RAM, OMPRAKASH.

JUDGEMENT

(1.) The four accused-non-petitioners were ordered to be released on bail by the learned Sessions Judge, Alwar vide his order dated 28-4-1979 in a double murder case and Jagram, who lodged the F. I R. in the police station on the basis of which a case was registered, has moved an application u/s 439 (2), Cr. P. C. praying that the four accused-non-petitioners be arrested and committed to custody. The facts of the case out of which this application arises now may be stated in brief.

(2.) One Mst. Rajbala was married to Sohanpal of Village Baluda on the clear understanding that her brother Kirori shall be married to a girl in the family of Sohanpal in exchange. But, in spite of the fact that period of about three years elapsed, the members belonging to the family of Sohanlal, husband of Rajbala, did not fulfil their promise and Rajbala refused to return to Sohanpal, her husband. The mother of Mst. Rajbala gave her in Nata to one Ratiram of village Berawas. Pancbayats were held to settle the dispute and Sohanpal, former husband of Rajbala and others visited village Berawas to settle the dispute, but no settlement could be arrived at. The wife of accused Ghamandi, it is said, is from village Baluda, and perhaps she informed Sohanpal that Rajbala has come in Nata to Ratiram. It is alleged that in the night intervening 24/25th Jan., 79, the four accused-non-petitioners belonging to village Berawas and several others including Sohanpal of village Baluda came armed to the house of Ratiram and the common object of the accused persons was to take away Rajbala by force, and if any body intervened then to cause their death. The accused-non-petitioners and others gave beating to Ratiram and his father Chhitar, who later on died as a result of injuries and some of the accused persons also caused injuries to Jagram and Bhimsingh brothers of deceased Ratiram.

(3.) Post mortem examination on the dead bodies of Ratiram and Chhitar was conducted on 26. 1.79, and as many as 8 injuries were found on the person of Ratiram, who, in the opinion of the doctor died due to shock and haemorrhage as a result of injuries, all anti-mortem in nature. On examining the dead body of Chhitar. as many as 12 injuries were found including 5 injuries by sharp weapon and there was fracture of both parietal and occipital bones. The injured persons Bhimsingh and Jagram also received injuries.