JUDGMENT 1. - I have gone through the challan papers. This case reveals the shady investigation by the investigating officer. Mithu Singh who lodged the first information report does not stated that he had himself witnessed any beating given by the petitioners to the deceased Surjeet Singh. He stated that persons on the field had seen the beating having been given. This alleged beating was stated to have been given at the place where the, tractor had over-turned which place is a Khala. Mst. Deepa is not an eye-witness of the incident. She stated in her police statement that it was a lady named Chhoto who informed her that Surjeet Singh was beaten by the petitioners Dr. Gulshan does not support the prosecution version at all. According to him where Surjeet Singh was taken to him for treatment and he asked from him as to what he had taken, he replied that he had taken lamon juice. Baljindar Singh changes the place of incident from the Khala where the tractor had over turned to the house of Jeet Singh. He stated that he was passing near the house of Jeet Singh at about 1.3 PM and he heard cries from the house of Jeet Singh and saw that the petitioners were beating by lathis to Surjeet Singh. He did not go there. Gura Singh has stated that village people were saying that Surjeet Singh had drunk spray. His statement is simply here say According to Harbans Singh the incident took place at the place were the tractor had over-turned Evidence of Jeetu Ram does not in any way connect the petitioner with the alleged crime and so also the statement of Kishan Lal. Kulwant Singh states that he did not see any injure on the body of Surjeet Singh and not in his presence Surjeet Singh was beaten. Makhan Singh whose statement was recorded at a late stage of investigation stated that Surjeet Singh was at the medical shop of Gulshan and he was saying there that Jeet Singh and Gura Singh had murdered him. No examination was made on the point by the investigation officer from Gulshan in this respect Gulshan has not stated anything like that in his statement. The statement of Budhsingh also does not connect the petitioners with the came. No examination was made on the point by the investigation officer from Gulshan in this respect Gulshan has not stated anything like that in his statement. The statement of Budhsingh also does not connect the petitioners with the came. The same comments are applicable to the statement of Nayab Singh is had been made with respect to Makhan Singh. Surjeet Singh has stated that he does not know about the beating of Surjeet Singh. Jasveer Kaur has stated that while she was pasting Jeet Singh and Gura Singh were beating Surjeet Singh in the angan of the house of Jeet Singh She did not go there. 2. The post-mortem report does not show any injury which can be sustained by lathis and more so when two persons are alleged to have been beating to Surjeet Singh. The post mortem report stated that the death of Surjeet Singh took place due to hypovolumic shock which was abnormally enlarged. On the basis of such flaws in statements where site of the incident is even changed and the alleged dying declaration has not been supported by Gulshan and even no examination was made by the investigating officer from Gulsban on the point, the petitioners deserves to be enlarged on bail. I, therefore, allow this application and order that Gura Singh and Jeet Singh shall be enlarged on bail on their furnishing personal bonds in the sum of Rs. 8,000/- ( Rs. Eight Thousand only) each with two sureties in the sum of Rs. 4,000/- each to the satisfaction of the Sessions Judge, Sri Ganganagar to appear in his Court in the criminal case launched against them for the offence under section 302/34 Indian Penal Code in pursuance of FIR No. 74 of 1987 of Police Station, Padmpur.Bail Granted. *******