SIRI RAM Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The prayer in this petition under Section 439 of the Code of Criminal Procedure is for the grant of regular bail to the petitioner in the case registered by the Central Bureau of Investigation (CBI) bearing No. RC6(S)/2002 S.I.C.I. dated 8.3.2002 under Sections 218, 323, 342, 205, 306 IPC, P.S. SIC-I, New Delhi.

(2.) On November 16, 2000, one Ashok Kumar Aggarwal was found in a naked, injured and unconscious condition on Nand Rampur Bans Road, Dharuhera, District Rewari. He was taken to Civil Hospital, Rewari by the police of Dharuhera and FIR No. 277 under Section 307 IPC was registered on that very day. The said Ashok Kumar Aggarwal later on succumbed to the injuries and due to his death, the case was converted into one under Section 302 IPC. Smt. Sita Devi wife of the deceased Ashok Kumar Aggarwal was called by the local police to identify the dead body which she allegedly identified only by seeing the toe/foot but without seeing the face of the deceased. The manner in which the dead body was identified by Smt. Sita Devi is alleged to have raised some suspicion regarding the possibility of her involvement in the murder of her husband.

(3.) Siri Ram (petitioner No. 1) was the SHO of PS Dharuhera at the relevant time and was investigating the aforementioned case. It is alleged that he brought Smt. Sita Devi and her minor daughter Sarika, aged about 16 years, along with their tenant Giri Raj Prasad to the police station at about 10 A.M. on 19.11.2000. Sub-Inspector Lekh Ram (petitioner No. 2) was also posted in the aforementioned police station at that time.