KAILASH ALIAS KAILASH KR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the above bail applications pertain to a case, arising out the same FIR No. 291/98 of Police Station, Kotwali, Jhunjhunu and, therefore, they are decided by this common order.

(2.) These are bail applications under Section 439, Cr. P.C. and the accusations against both the accused applicants, are for offences under Sections 147, 148, 302 & 302/149, IPC.

(3.) According to the prosecution, on 09-10-1998, at about 10 a.m., at or near the roadways bus- stand of Jhunjhunu, some eight accused persons, including both the accused applicants, surrounded the deceased. They were armed with various weapons. One of the accused persons, namely, Ramesh, stabbed the deceased with a knife, in his abdomen, and the other assaulted him. Consequently, the deceased died. According to the postmortem report, the deceased sustained seven injuries, out of which, four were stab-wounds. The cause of death has been stated to be syncope due to internal haemorrhage, due to injuries to liver and spleen. Thus, this is a case of broad day light murder at a public place at or near the bus-stand.