Cr.M.P.(M) No. 1175 of 2008 and Cr.M.P.(M) No. 1176 of 2008. 10.11.2008 Present: Mr. Tarlok Chauhan, Advocate for the petitioners. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. These are the applications under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail to the petitioners in a complaint lodged by Shri Hem Raj Sharma on the basis of which FIR No.73 of 2008 has been registered at Police Station, Padhar at Darang, Tehsil Padhar, District Mandi on 5.11.2008 under Sections 302 and 452 of the Indian Penal Code. The learned Senior Additional Advocate General has produced the record. Mr. Tarlok Chauhan, Advocate has strenuously argued that his clients are innocent persons and they have been falsely implicated by the police in the case FIR No. 73 of 2008 dated 5.11.2008 and that the petitioners are aged 65 and 62 years respectively and their involvement in the criminal case is ruled out. He finally contended that the death of Smt. Bimla Devi could be caused due to fall. The learned Senior Additional Advocate General has resisted the application. I have heard the parties and have perused the record carefully. The incident is dated 5.11.2008. The family of the complainant has purchased the land in the year 1991 from Shri Duryodhan, son of Shri Sita Ram. The family of the complainant belongs to Hamirpur. The family is running Kerosene Depot. The property purchased by the complainant abuts the property of the petitioners. The demarcation of the land was carried out in the year 2006. It is apparent that there is a dispute between the parties concerning the land. The petitioners along with other co-accused had stated to come in a vehicle and started beating complainant Shri Hem Raj at about 11.30 AM. His mother Smt. Bimla Devi came to rescue him. She was also given beatings along Shri Hem Raj. She was an aged lady. She succumbed to the injuries on the spot. It is evident from the medical record produced during the hearing of the application that deceased died due to head injury. The complainant has also received injuries on his body. The statements of the workmen engaged by the family of Shri Hem Raj have also been recorded by the police during the investigation. They have supported the version of the police. The plea of Mr. Tarlok Chauhan that Smt. Bimla Devi might have died due to fall cannot be accepted at this preliminary stage. Prima facie, on the basis of the evidence collected by the police against the petitioners, their involvement in the commission of offence cannot be ruled out. Moreover, the investigation is at the preliminary stage. In view of the observations made hereinabove, there is no force in the applications and the same are dismissed. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. November 10, 2008. (cr)