( 1 ) PETITIONER is an accused in aforenoted FIR. Charges have been framed against him under Section 302/120b/34 IPC.

( 2 ) AS per the FIR two boys on a scooter came from the side of dhichaun Depot and in front of a gali fired at two women. Both women died at the spot. The two boys ran away. Investigation revealed that the deceased women were Ms. Beermati and Ms. Raj Bala.

( 3 ) BOTH women were real sisters.

( 4 ) RAJ Bala was the wife of one Ranbir examined as PW3. Beermati was the wife of Dharamvir. This was the second marriage of Dharamvir. Dharamvir had been murdered in the year 2000.

( 5 ) ACCORDING to the prosecution, investigation revealed that accused Jaivir was born to Dharamvir and his first wife. He wanted to liquidate beermati for the reason she was demanding a share in the property of late dharamvir. Petitioner, Sumer is stated to be the real brother of Dharamvir. According to the prosecution, petitioner along with his two sons Harbir and satbir as also his father Ran Singh were siding with Jaivir. All i. e. Ran singh, petitioner, Harbir, Satbir and Jaivir hatched a conspiracy to kill beermati. Further case of the prosecution is that in the month of October 2004, ran Singh had telephoned Beermati to visit him at his house in Laxmi Vihar. She along with her brothers had visited, Laxmi Vihar where they were assaulted by jaivir, Harbir and the petitioner. Even Ran Singh was alleged to have attacked beermati and persons accompany her. That after about 6 months i. e. in the month of April 2005, Harbir and Jaivir spoke to Raj Bala and asked her to talk to beermati. They told Raj Bala that the dispute pertaining to the property needs to be settled through negotiations. Raj Bala conveyed said message to Beermati. That on the day of the incident, i. e. 24. 4. 2005 Beermati, Raj Bala, one Raghubir and Balraj examined as PW-4 went to Najafgarh. They reached the house of Ran singh where Sumer, Harbir, Jaivir and Satbir were present. Ran Singh told them that it would be better to talk at his house in Laxmi Vihar. All of them left for Laxmi Vihar. Jaivir and Harbir were on a scooter. As they neared residence of Ran Singh at Laxmi Vihar, Ran Singh exhaulted:-'let the issue be decided today. Whatever property has to be given may be shown'.

( 6 ) AT that time, Jaivir and Harbir fired at the two ladies. Both died.

( 7 ) RAN Singh has died during pendency of the trial.

( 8 ) SEEKING bail for the petitioner it is urged by learned counsel for the petitioner that the prosecution has examined the stated eye witnesses to the incident being 3 persons namely, Ranbir Singh, husband of Raj Bala as PW-3, balraj, brother of Beermati and Raj Bala as PW-4 and Dharam Pal also brother of beermati and Raj Balaas PW-9. Counsel urges that PW-3 and PW-9 have not supported the case of the prosecution.

( 9 ) THIS fact is admitted by learned counsel for the State.

( 10 ) BAIL was pressed on the ground that PW-4, Balraj stands dis-credited in his cross examination and if his testimony has to be discarded, the prosecution would have no case to stand.

( 11 ) LEARNED counsel for the State submits that notwithstanding PW-3 and PW-9 turning hostile, testimony of PW-4 as also the motive for the offence is sufficient to nail the accused persons. Further, counsel submits that at this stage, it is not permissible for this court to appreciate evidence in piecemeal.

( 12 ) BEFORE proceeding further, it may be noted that this is the second application seeking bail filed by the petitioner. His earlier application being Bail Application No. 2219/2005 was withdrawn on 10. 11. 2005 with the express statement that liberty be granted to the petitioner to file fresh application for bail after eye witnesses Balraj and Ranbir were examined.

( 13 ) THUS, since eye witnesses have been examined, there being a material changed in circumstances, present application can be considered on merits.

( 14 ) AS noted above, witnesses of the prosecution save and except balraj

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