JUDGMENT 1. -Heard. 2. Kamla-deceased was the widow of Hazari. Hazari was survived by one son named Balu and two daughters, Mangi and Munni. All the three were married. It appears that after the death of Hazari some immovable property of the family was sold and Rs. 50,000/- were deposited in the Fixed Deposit in the name of deceased. The deceased was also in possession of certain gold and silver ornaments. 3. Smt. Chandi is wife of Shri Balu, son of the deceased. It is alleged that Smt. Chandi wanted to have the movable property of the deceased who was bent upon to give the same to her daughters, Mrs. Mangi and Mrs. Munni. 4. The relations between the deceased and daughter-in-law got strained. The deceased started living separately in a room. 5. On 28.12.1998 at 5.30 p.m. Balu and his wife Smt. Chandi (Co- accused) returned from their fields. The room wherein the deceased used to live was locked from outside. From Pannalal and Ball Lal it was shown that the deceased might be inside the room. The room was unlocked. Smt. Kamla was found lying murdered in the room and allegedly three ornaments namely Ramnami, Golden Nath and Madaliya were missing from her dead body. 6. The case of the prosecution is that Smt. Chandi Co-accused, wanted to get rid of the deceased and for that purpose she had hired the present applicant to cause the death of her mother-in- law. Smt. Chandi is alleged to have agreed to pay sum of Rs. 35,000/- to the applicant for his services. It is further alleged that the applicant hired one Sohanlal Co-accused for the purposes. The case of the prosecution is that all the three namely Smt. Chandi, the present applicant and Shri Sohan Lal Co- accused had entered into a criminal conspiracy and in pursuance of said conspiracy Sohan Lal caused the death of Kamla deceased. 7. Learned counsel for the applicant submitted that the applicant had worked as a Mason at the house of Balu and that Balu owed some money to him for his services. Since the applicant was pressing had for getting his remuneration from Balu, he was falsely implicated in the case. As against it the learned Public Prosecutor submitted that there was evidence on the record of the case that Smt. Chandi had used the present applicant for advancing threatening to the deceased.
Since the applicant was pressing had for getting his remuneration from Balu, he was falsely implicated in the case. As against it the learned Public Prosecutor submitted that there was evidence on the record of the case that Smt. Chandi had used the present applicant for advancing threatening to the deceased. It was further submitted that a Madaliya belonging to the deceased was recovered from the possession of the present applicant in pursuance of an information given by him to the police, apart from the recovery of some amount from him. It was thus submitted that in the statement of Pannalal, Balu and Smt. Munna there was some evidence incriminating the present applicant in the criminal conspiracy, hedged by the three accused in this case. 8. The statements of Munna, Panna Lal, Bhola, Balu and some others were recorded. A perusal of the case diary discloses that key of the lock put on the doors of the room wherefrom the dead body of Kamla deceased was recovered was seized from the possession of Sohan Lal. A further amount of Rs. 800/- is also stated to have been seized from his possession apart from the Nath belonging to the deceased. Some blood stained clothes were also found in possession of Sohan Lal. 9. In her statement under section 161 Cr.P.C. Smt. Munni appears to have admitted that applicant had worked as Mason at the house of Balu, the informant and son of the deceased. Though doubt was raised against the applicant in the statement recorded under section 161 Cr.P.C. no such incriminating facts appear to have been stated by the witnesses in her statement under section 164 Cr.P.C. No doubt against this applicant appears to have been made in the FIR lodged by Balu. It is also alleged that certain ornaments had been found on the person of the deceased at the time of preparing her Panchnama. 10. After having considered the submissions advanced before me and without expression of any opinion on the merits of the case of either of the parties, I feel inclined to admit the applicant to bail during the pendency of the case. It is therefore, directed that the applicant Mohd. Jamil Sio Shri Hazari shall he released on bail on his furnishing two sureties in the amount of Rs. 10,000/- each with a personal bond of Rs.
It is therefore, directed that the applicant Mohd. Jamil Sio Shri Hazari shall he released on bail on his furnishing two sureties in the amount of Rs. 10,000/- each with a personal bond of Rs. 20,000/- to the satisfaction of the Court concerned.Bail allowed. *******