A.S. Godara, J. - (1.) This petition has been preferred u /s. 438, Cr.P.C., by the accused-petitioner in FIR No. 111/96 under sections 302 & 392, IPC registered at P.S., Nosara (District Jalore) and at present pending investigation with the CID (C.B.), Jodhpur after similar application was dismissed by the learned Sessions Judge, Jalore vide his order dated 8.1.1998.
(2.) For the disposal of di le present controversy and the petition suffice it to mention that Narpat Singh, who is brother of Ajeet Singh deceased, despatched typed report to the Superintendent of Police, Jalore while forwarding copies of the same to higher police authorities, besides, Home Minister of the State on 27.8.1996 alleging therein that since the accused-petitioner who is his cousin brother and due to some family feuds and revenue disputes going on between Ajeet Singh and his family on the one hand and the accused-petitioner on the other side in various revenue Courts at Jalore as well as with the Revenue Board, Ajmer, Ajeet Singh and the accused-petitioner were at daggers drawn. The fateful incident took place on 11.8.1996. Ajeet Singh, after consulting his Advocate etc. while returning to his residence, dropped at the road crossing of Nosara in the afternoon and he was waiting for some means of transport at the hotel of Amar Singh whereat, in absence of Amar Singh, his minor son Prithvi Singh was working. In the afternoon, the accused-petitioner is alleged to have dropped at the hotel while travelling in his jeep and finding Ajeet Singh sitting there, he immediately went to him and started quarrelling and he also thrashed Ajeet Singh who was an old man aged about 65 years and as a result of being beaten with slaps, fists and kicks and, lastly, as also alleged strangulated, died on the spot. After being informed about it,. family members of the deceased went to the hotel and took his dead body to their residence and, lastly, till then suspecting no foul play in the death of the deceased, they cremated dead body of Ajeet Singh. It was further alleged that, subsequently, informant and his family members learnt of the incident and Ajeet Singh having been killed at the hands of the accused-petitioner and hence the report was being lodged at a late stage. Then the Superintendent of Police forwarded this report to the Officer-in-charge of the Police Station, Nosara whereat Gopi Chand, Officer-in-charge, immediately registered FIR No. 111/96 under the aforesaid sections and started investigation.
(3.) It was on 23.9.1996 that, during the pendency of investigation, since the informant had alleged in the report itself from the beginning and so he was having a grievance against the Officer-in-charge of the said Police Station suspecting his impartiality in the case and So the investigation was further entrusted to Crime Assistant to the S.P. Ja lore who conducted the investigation and came to the conclusion that accused was found to be liable for commission of the alleged offences but, however, the case was, at the instance of the Addl. Director General of Police, transferred to the Crime Branch at Jodhpur whereat the further investigation was conducted and, lastly, the Addl. Superintendent of Police, investigating the case, came to the conclusion that the accused-petitioner appears to be liable for commission of offence under section 304, IPC and, hence, apprehending his arrest, the accused-petitioner moved, as above, for anticipatory bail. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor and have also perused the investigation record.;