1998 Supreme(Raj) 1200
S.C.MITAL
Ram Swaroop – Appellant
Versus
Daya Ram – Respondent
JUDGMENT
1. - This is an application under Section 439(2) Cr.PC. for cancellation of bail granted to non-petitioner No. 1 accused Daya Ram vide order dated 20.12.97 passed by learned Additional Sessions Judge, Deeg in Bail Application No. 462/97 relating to F.I.R. No. 209/97, Police Station, Nagar under Section 302 read with 34 I.P.C.
2. Shri Ramswaroop applicant lodged a report on 21.8.97 that Raja Ram did not return to the house upto 8.00 PM. When he made inquiries, Radhey Lal told him that Raja Ram had gone from his room at 6.00 PM. to answer the call of nature, who was seen by Ganga Ram also passing near a Pipal tree. In the morning the dead body of Raja Ram was found in the field of one Hari Singh. The applicant revealed his suspicion in this incident over Daya Ram. non-petitioner. An altercation had taken place about 15 days back over the electic wire line. A case was registered F.I.R. No. 209/97 under Section 302 I.P.C. The Panchnama was made and it was found that blood was oozing from the ear and froth was coming out from the nose. There were abrasion marks of nails on the neck which lead to the conclusion that death of Raja Ram occurred due to strangulation. Statements of t
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