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1978 Supreme(Raj) 209

P.D.KUDAL
Darshansingh – Appellant
Versus
The State Of Rajasthan – Respondent


For the Accused:V.S. Dave, P.K. Sharma and N.L. Tibrewal, Advocates.
For the Respondent: G.G. Sharma, P.P.

JUDGMENT

1. - This is an application under Section 439 Cr.PC, 1973, praying for enlarging the accused-applicant on bail.

2. The brief facts of the case, which are relevant for the disposal of this application are that on 27 0 1977, at about 2 a.m. Darshan Singh lodged a report with the police stating that he has three more brothers and all the four brothers are living jointly. It was further contended that they have two trucks RJR 6167 & RJR 6667. RJR 6167 is registered in the name of Darshan Singh and Major Singh while the truck No RJR 6667 is registered in his own name. It was further alleged that Major Singh and Khelihigh's wife along with seven children died in an accident about a year back. Out of the our brothers, he alone had a wife who had also come in 'nata'. His brother Major Singh had started keeping his wife as his own wife. The petitioner, it was contended, wanted to be compensated for the loss of his wife by getting the truck transferred in his name which was in the name of Major Singh. Major Singh, however, did not agree with this proposal. It was further alleged that on October 26, 1977, he took away the truck after loading wheat in it along with his driver Mangal Si


























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