Malik Sharief-Ud-Din, J.

( 1 ) THIS is a petition undersection 439 Criminal Procedure Code. for cancellation of bail granted to the Atar Singh and Ram Chander in a murder case by the learned Sessions Judge, Delhi.

( 2 ) A reference may be made to the facts briefly. On 28th August 1984 the petitioner Amar Singh lodged a report at police station Narela to the effect that he is an agriculturist residing at village Jatpur and that he is the elder brother of Karan Singh, Narain Singh and Atar Singh. He further reported that partition of property between brothers took place about two years back and that Narain Singh and Atar Singh were unhappy about the partition for the reason that the petitioner is issueless ; that the petitioner s wife is the eldest sister of Karan Singh and therefore he was residing with his brother Karan Singh. Other brothers, Atar Singh and Narain Singh were not happy at this as they had a feeling that after the death of Amar Singh, Karan Singh would take his property. He further informed the police that on 28th August 1984 when his brother Karan Singh returned home after doing his duty and had gone to the Baqar (courtyard) for taking bath, the accused Narain Singh

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