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2002 DIGILAW 101 (CHH)

VIJAY SINGH v. STATE OF CHHATTISGARH

2002-11-26

K.H.N.KURANGA

body2002
K. H. N. KURANGA C. J. ( 1 ) THIS application under Section 439 of Cr. P. C. has been filed by the applicants for grant of bail. They are the accused in Crime No. 20/2002, registered in Police Station kelhari. for the offences punishable under Sections 325. 341. 294. 506 and 302 read with Section 34 of I. P. C. ( 2 ) NAME of the deceased is Ramlal. The incident took place on 17/5/2002 at about 11. 00 p. m. The case of the prosecution is that the wife of Firtoo Singh applicant No. 2 herein was missing. The applicants suspected that deceased Ramlal had taken her away and kept her somewhere. They went to the house of the deceased Ramlal at about 11. 00 p. m. on 17/5/2002 and asked to him the whereabouts of the wife of Firtoo Singh. The deceased told them that he did not know. Thereafter they took him towards jungle in search of the wife of Firtoo Singh and in the jungle: it is the case of the prosecution that they fisted him kicked him and assaulted him with lathis. The relatives of the deceased came there and witnessed the assault by the applicants. The deceased was taken to his house and on the next day morning, he was taken to the hospital and thereafter the complaint was filed by the deceased himself before the police and on the basis of which the aforesaid case was registered and the investigation was taken up. ( 3 ) LEARNED counsel for the respondent/state submitted that there are five eye witnesses to the incident. All of them have stated that the applicants were fisting kicking and assaulting the deceased with lathis. ( 4 ) LEARNED counsel for the applicants submitted that even if the case of the prosecution is accepted the offence committed by the applicants may fall under Section 304 Part-11 of I. P. C. and not under Section 302 of I. P. C. It is not the case of the prosecution that the applicants assaulted on any of the vital parts of the body of the deceased. The deceased sustained internal injuries and according to the doctor who conducted the post mortem examination, the death of the deceased was due to traumatic shock and the injuries in intestines and rupture in megentry. The deceased sustained internal injuries and according to the doctor who conducted the post mortem examination, the death of the deceased was due to traumatic shock and the injuries in intestines and rupture in megentry. This shows that the deceased died due to the internal injuries sustained by him in the stomach. ( 5 ) ADMITTEDLY, there was no injury on the head of the deceased or any other vital part of the body. The case of the prosecution is that the applicants wanted to extract information about the whereabouts of the wife of Firtoo Singh, applicant No. 2 herein. In the circumstances, counsel for the applicants submitted that the applicants never intended to commit murder of the deceased. The applicants are in jail since 21/5/2002 and they are aged about 30 and 34 respectively. ( 6 ) HAVING regard to these facts and circumstances of the case and the age of the applicants, I am of the opinion that it is a fit case to admit the applicants to bail. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a bond in sum of Rs. 5. 000/- with two sureties each for the like sum to the satisfaction of the concerned Magistrate for their appearance before the said Court/trial Court or as and where so directed. Parties are entitled for certified copy of this order. Petition allowed. --- *** --- .