Bullet Mohan v. State, rep. by The Inspector of Police, Vellore Taluk Police Station
2014-09-16
P.DEVADASS
body2014
DigiLaw.ai
Judgment : 1. Petition for bail in Crime No.194 of 2014. 2. Offences alleged are under Sections 341, 294(b), 307, 506(ii) of IPC. 3. According to the learned counsel for the petitioners, petitioners are implicated in this case. They are languishing in jail for a considerable period. 4. Learned Government Advocate(Crl. Side) submits that the defacto complainant is a practicing lawyer. He has been knifed by the petitioners. Defacto complainant had a narrow escape only after suffering a long cut injury on his neck. Investigation pending. 5. I have anxiously considered the rival submissions, perused the averments in the bail petition and in the intervening petition and also gone through the Case-Diary. 6. On 23.5.2014, at about 10.30. p.m., in Chembakkam, in Vellore defacto complainant/a lawyer of two years standing at the bar was waylaid by the petitioners. Ist petitioner had cut him with a knife on his neck and 2nd petitioner had facilitated the commission of the offence. 7. A case for an offence under Section 307 IPC has been registered. 8. The simple way of explaining an offence under Section 307 IPC is Section 307 IPC = Section 302 IPC less death. It means an offence under Section 307 IPC must have all the characteristic features of the offence of murder but death should not occur. If death ensures, it will come under Section 299 IPC warranting inclusion of Section 300 IPC. For an offence under Section 307 IPC, the characteristic features of the offence of murder, namely, intention, preparation and attempt must present. The only missing thing will be death. It is an inchoate form of offence of murder. 9. Now, for an offence under Section 307 IPC, it is not the size of the injury, but seat of the injury is very important. Further, magnitude of injury is not important. What is important is the presence of the injury on a vulnerable part of the body. For instance, if a cut injury is caused on the knee by a leathal weapon, it will not come under Section 307 IPC. It may fall under Section 326 IPC, if there is fracture or otherwise it may fall under Section 325 IPC. It would be different, if the injury is on a vulnerable part of the body.
For instance, if a cut injury is caused on the knee by a leathal weapon, it will not come under Section 307 IPC. It may fall under Section 326 IPC, if there is fracture or otherwise it may fall under Section 325 IPC. It would be different, if the injury is on a vulnerable part of the body. For instance, if the cut injury is caused on the neck by a knife even if the injury may be simple, it exhibits intention of the accused to do away with the victim. 10. Now, in this case, the seat of the injury is on the neck of the defacto complainant resulting in causing him a deep cut injury. 1st petitioner had attempted on his life. 11. First petitioner is Bullet Mohan. Definitely, his parents would not have named him with the prefix “bullet” when he was born. He is stated to be illicit arrack vendor. 12. Defacto complainant is an Advocate. He became a whistle blower. He is stated to have informed the police about Ist petitioner indulging in illicit arrack vending. Naturally, 1st petitioner will be aggrieved. He will be very angry with the informer, whoever he may be, whether a lawyer or different person. In the circumstances, on the occurrence day, the defacto complainant was intercepted by the petitioners and attempt has been made on his life. 13. Now, at last the petitioners were arrested and they have gone to jail. They have become state guest. They are being given free food and lodging. Now, what about the victim. Petitioners are enjoying inside the jail, while the defacto complainant in suffering. He had undergone surgical treatment in CMC Hospital, Vellore. All because of the over tact committed by 1st petitioner. When bail is granted, 1st petitioner will come out of jail and go away happily. But, what about the agony and pain suffered and being suffered by the defacto complainant. 14. Now, criminologists started studying the victims of crime. It has become 'victimology'. It seeks to infuse compensation system in criminal law. To some extent it incorporates Law of Torts in Law of Crimes. 15. It is submitted that the defacto complainant had spent more than Rs.80,000/- towards his medical treatment and still he has to under go plastic surgery. 16.
Now, criminologists started studying the victims of crime. It has become 'victimology'. It seeks to infuse compensation system in criminal law. To some extent it incorporates Law of Torts in Law of Crimes. 15. It is submitted that the defacto complainant had spent more than Rs.80,000/- towards his medical treatment and still he has to under go plastic surgery. 16. While directing the accused to pay the compensation to the victim, the Court must also taken into account the financial capacity of the accused. 17. The learned counsel for the petitioners would submit that already 1st petitioner is a bankrupt, he is also ailing and under goes some treatment, he is unable to pay a huge amount. But, he will pay a reasonable amount. 18. Considering the above aspects, I am inclined to grant bail to the petitioners on the following terms and conditions. (i) Bail granted to the petitioners. (ii) Two sureties, who shall execute a bond for Rs.10,000/-(Rupees ten thousands only) each to the satisfaction of learned Judicial Magistrate No.I, Vellore; (iii) Petitioners shall report before the respondent police on every Monday and Friday at 10.30 a.m. for three weeks and thereafter as and when required for interrogation. (iv) By way of measure of compensation, first petitioner, namely, Bullet Mohan shall deposit Rs.50,000/- (Rupees fifty thousands only) in the said Court in the said Crime No.194 of 2014, within one month from today. (v) On such deposit, the learned Magistrate will disburse the amount to the defacto complainant, namely, K.Sathishkumar, S/o.Krishnamurthy, Advocate. (vi) In the event of non deposit of the amount, either the prosecution or the defacto complainant can move this Court for cancellation of bail.