KEWAL KRISHAN ALIAS PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F .I.R. No. 127 dated 23.4.1998 under Sections 302 and 201 I.P.C. has been registered at Police Station Sadar, Ludhiana on the statement of Inder Pal wherein it has been stated that on 23.4.1998, he in the company of Jaswinder Singh, had seen the dead-body of an unidentified woman on one side of Ganda Nala near Vishavkarma Nagar, Tajpur Road, Ludhiana. According to him, the dead-body was swollen, tongue was pressed between the teeth and both the eyes were protruding.

(2.) THE petitioner on arrest moved an application for bail before the Sessions Judge, Ludhiana, but his application was dismissed. Therefore, the petitioner has moved this petition before this Court under Section 439 Cr.P.C. for bail.

(3.) LEARNED counsel for the petitioner contends that the case remained untraced for about six months and that on 2.9.1998 with the aid of the photographs of the dead-body, it was identified to be that of Sunita. He contends that there is no eye-witness for this occurrence but the petitioner is alleged to have made an extra judicial confession to one Pal Chand, and that it is stated Pal Chand who had produced the petitioner before the police. Learned counsel for the petitioner contends that there is no evidence against the petitioner except an iron rod, which has been planted upon him, and which was not even blood-stained. Learned counsel for the State, on the other hand, contends that apart from this extra judicial confession and the recovery, there is also the statement of two persons who had lastly seen the deceased in the company of the petitioner and, therefore, the petitioner is not entitled to be released on bail.