YAD RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Public Prosecutor and have also perused the case diary.

(2.) Learned counsel for the petitioner submits that fatal injuries on the person of the deceased were caused by co-accused Hari Singh and not by the petitioner. It is further contended that as per the police statement of alleged eye witness Boop Singh, the deceased was beaten up by the petitioner with fists. As per the police statement of another alleged eye-witness Ms. Manoj no injury was caused by the petitioner to the deceased. Therefore, the application be allowed. PP has opposed the application.

(3.) Considering the above submissions and after having gone through the police statements of the aforesaid witnesses, I am inclined to release the petitioner on bail u/s. 439 of the Code of Criminal Procedure.