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PUNJAB & HARYANA HIGH COURT
S.S.Grewal, J.
Lajja Ram
Versus
State Of Haryana
Criminal Misc. No. 11048 of 1990,
Decided On : OCTOBER 12, 1990
Circumstantial Evidence - Extra-judicial Confession - The court considered the case of circumstantial evidence and the petitioner's extra-judicial confession regarding the assault on the deceased. The post-mortem report did not reveal head injuries or the cause of death. The petitioner was granted bail without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was accused of assaulting the deceased after a dispute over goats, with an extra-judicial confession as evidence. The post-mortem report did not reveal the cause of death.
Finding of the Court:
The court directed the release of the petitioner on bail without expressing any opinion on the merits of the case.
Issues: Circumstantial evidence, extra-judicial confession, post-mortem report, bail
Ratio Decidendi: The court's decision was based on the lack of conclusive evidence regarding the cause of death and the petitioner's entitlement to bail.
Final Decision: The petitioner was granted bail upon furnishing two heavy sureties to the satisfaction of the Chief Judicial Magistrate, Ambala.
S.S.Grewal, J.
1. Heard. This is a case of circumstantial evidence. On behalf of the prosecution it was submitted that the petitioner made extra-judicial confession before Bachan Singh to the effect that he had given lathi blows to the deceased after the latter had refused to give his goats to the accused-petitioner, regarding which some payment had been made by the accused-petitioner to the deceased earlier. Post-mortem report does not reveal injury on the head of the deceased nor does it reveal that any underlying bone of the head had been fractured. The doctor who conducted the post-mortem has given the duration of the death as 3 to 5 days but he has not been able to give any opinion about the case of death. The occurrence allegedly took place on or about 7th of May, 1990.
2. Without expressing any opinion concurring the merits of the case, the petitioner is directed to be released on bail subject to his furnishing two heavy sureties to the satisfaction of Chief Judicial Magistrate, Ambala.
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