MANOJ KUMAR KHOKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the informant­appellant assailing Order dated 7th May, 2020 passed by the High Court of Judicature of Rajasthan, at Jaipur, in S.B. Criminal Miscellaneous Bail Application No. 3601/2020, whereby bail has been granted to the accused who is the second respondent in the instant appeal, in connection with FIR No. 407/2019 Police Station Kalwar.

(2.) According to the appellant, he is the son of the deceased, Ram Swaroop Khokhar and is the person who lodged the First Information Report being FIR No. 407/2019 on 8th December, 2019 for the offence of murder of his father, under Section 302 of the Indian Penal Code, 1980 (hereinafter referred to as "IPC" for the sake of brevity) against the second respondentaccused herein viz. Ram Narayan Jat.

(3.) The said FIR dated 8th December, 2019 had been lodged by the appellant herein between 23:00 hrs and 23:30 hrs in the night stating that earlier on that day, at about 16:00 hrs, his father, aged about 55 years, was attacked by the respondentaccused, at the Lalpura Pachar bus stand, with the intention of killing him. That the respondent­accused pinned the deceased to the ground, sat on his chest and forcefully strangled him, thereby causing his death. Some associates of the respondent­accused who were present at the spot of the incident, helped him in attacking and killing the deceased. The informant­appellant further stated in the FIR that there was a pre­existing rivalry between the respondent­accused, his brothers namely, Arjun, Satyanarayn and Okramal and the deceased. That the deceased had previously informed the appellant and certain family members about such rivalry and had communicated that he was apprehensive about his safety owing to the same. That even on the day of the incident, the respondent­accused along with one of his brothers, Okramal had gone to the appellant 's house in the morning and had abused the deceased. The report of the post­mortem examination conducted on 9th December, 2019 has recorded that the deceased had died as a result of "asphyxia due to ante mortem strangulation."