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2016 DIGILAW 2259 (HP)

Sanjeev Kumar @ Sanju v. State of H. P.

2016-10-25

DHARAM CHAND CHAUDHARY

body2016
JUDGMENT : Dharam Chand Chaudhary, J. This judgment shall dispose of both the petitions filed by Sanjeev Kumar alias Sanju and Ranvir Sankhyan accused in FIR No. 132 of 2016 registered in Police Station West, Shimla under Sections 302, 382 and 323 read with Section 34 IPC against them and their co-accused Brij Lal alias Birju for the grant of bail. 2. The accused-petitioners have been arrested by the police on June 23, 2016. They are presently in custody as the applications for grant of anticipatory bail registered as Cr.M.P.(M) No. 730 of 2016 and Cr.M.P.(M) No. 731 of 2016 filed by them in this Court were dismissed on June 23, 2016 and the petitions Cr.M.P (M) No. 1128 of 2016 and Cr.M.P.(M) No. 1129 of 2016 for regular bail were also dismissed vide judgment dated 26.9.2016. Consequent upon the judgment of this Court dated 26.9.2016, they even had filed separate applications in the trial Court, however, the same also stood dismissed vide order dated 7.10.2016 annexed to these petitions. 3. The allegations against the accused-petitioners and the co-accused, in a nut-shell, are that during the night intervening 24/25.5.2016, they administered beatings to Ankush son of the complainant Smt. Sheela Devi, who succumbed to the injuries he received on his person and died in IGMC, Shimla around 8:30 AM. 4. The record of the case reveals that both the petitioners are resident of District Bilaspur whereas the deceased was resident of Ajay Building, Totu Shimla. Their co-accused Brij Lal alias Birju and Mahender Singh are also residents of district Bilaspur. The star prosecution witness in this case is Madan Lal, who belongs to Village Thandoo, PO Kot Beja, Tehsil Kasauli, District Solan, H.P. The present, as such, is a case where the deceased and the accused as well as Madan Lal, residents of three different districts, allegedly met with each other at Brahmpukhar in district Bilaspur in order to become rich with the help of black magic. How and in what manner, the currency notes were to be produced by way of such magic, the record is silent. 5. The FIR has been registered at the instance of Smt. Sheela, none else but the mother of deceased Ankush. How and in what manner, the currency notes were to be produced by way of such magic, the record is silent. 5. The FIR has been registered at the instance of Smt. Sheela, none else but the mother of deceased Ankush. It was reported by her to the police on 24.5.2016 that the deceased left home for Solan and told her that his motorcycle is under repair there and that he is going to bring the same back. However, it was around 9-10 PM, the deceased informed her that she can have dinner and that he might come back to the house late in the night. The deceased knocked the door in the night. She opened the door and inquired from him as to whether he would like to have food or not. The deceased refused and after changing his wearing apparels, he had water and then went to sleep. After sometime, he started vomiting in the toilet. The complainant, on observing the deceased vomiting in the toilet, went to enquire about the cause of vomiting. She observed that the deceased again went to the toilet and after vomiting, he fell unconscious. His lips turned bluish. She called her another son Karan, who took the deceased to the bed room on seeing his condition having worsened. Ambulance (108) was called and the deceased was shifted to IGMC hospital. He was treated at IGMC, however, his condition deteriorated and ultimately he expired at 8:30 AM on 25.5.2016. The ATM card, wrist watch and mobile phone of the deceased were found to be missing. The complainant suspected that her son died on account of some poisonous substance administered by someone to him. 6. On the registration of the FIR, the police swung into action. Madan Lal, who allegedly was in the company of the deceased on 24.5.2016 made statement which was recorded by the I.O during the investigation of the case. Later on, his statement was also recorded under Section 164 Cr.P.C. by learned Addl. CJM, Court No. II, Shimla. As a matter of fact, Madan Lal son of Sh. Ganga Ram, the star prosecution witness, was called over telephone by another Madan Lal son of Jagat Singh r/o of Village Khanog, Tehsil Rampur, District Shimla over cell phone at 6:30 AM. He was called to reach at Solan. Accordingly, he met with another Madan Lal at bus stand Solan. As a matter of fact, Madan Lal son of Sh. Ganga Ram, the star prosecution witness, was called over telephone by another Madan Lal son of Jagat Singh r/o of Village Khanog, Tehsil Rampur, District Shimla over cell phone at 6:30 AM. He was called to reach at Solan. Accordingly, he met with another Madan Lal at bus stand Solan. Later on, they came to Shimla and went to a hotel where its owner deceased Ankush was present. They remained in the hotel throughout the day. In the evening, around 10:00 PM, the deceased told both Madan Lal that one Tantrik is known to him. Ankush dialed the number of Trntrik, however, it was switched off. On the following morning, Ankush told Madan Lal aforesaid to accompany him on his motor cycle (bullet) to Kunihar. They reached at Kunihar. There, the deceased searched the Tantrik who told deceased Ankush that he is coming. Ankush called one Suresh Kumar of Jukhala, District Bilaspur over his cell phone. Said Suresh Kumar informed the deceased that there Tantrik is also available. Said Suresh called the deceased and Madan Lal to come to Brahmpukhar in District Bilaspur. Suresh and one Sunil Kumar came there in a Nano Car. They inquired from the deceased about the Tantrik. They were apprised that Tantrik is coming in a short while. After some time, one black coloured car bearing registration No. HP 40 A 9577 arrived there. The same was occupied by the accused persons. One white coloured car also arrived there in which 5 persons were sitting. The Tantrik was in white coloured vehicle. A person alighted from the black coloured car and had conversation with the occupants of white coloured car. After that, black coloured car left Brahmpukhar towards Ghagas side. The same was followed by white coloured car and Nano car, in which deceased Ankush and he (Madan Lal) were traveling along with Suresh Kumar and Sunil. 7. The occupants of black coloured car and white coloured car sat at Dhaba and had drinks. After some time, black coloured car went towards Bilaspur side. White coloured car was stopped by its occupants outside the Dhaba ahead Ghagas. According to Madan Lal, they also stopped Nano car at the Dhaba. The white coloured car, however, was driven by its occupants ahead and the occupants of Nano car were asked to follow them. After some time, black coloured car went towards Bilaspur side. White coloured car was stopped by its occupants outside the Dhaba ahead Ghagas. According to Madan Lal, they also stopped Nano car at the Dhaba. The white coloured car, however, was driven by its occupants ahead and the occupants of Nano car were asked to follow them. Both the cars reached at Ghagas. Black coloured car was also lying parked there. According to Madan Lal, he alighted from Nano car and went to the place where black coloured car was lying parked. The deceased was already present there. He noticed the accused persons interacting with each other. Suresh was also with them. When he reached there, they all enraged on the issue that he was told to come only with three persons and not more than that. The accused persons and Suresh started hurling abuses to Madan Lal. The accused persons, however, pushed aside Suresh and started beating him as well as deceased Ankush. They both were pushed inside the car by the accused persons and the same was driven to Deoth road which bifurcates from National Highway Shimla Bilaspur at Brahmpukhar. They were mercilessly beaten up by the accused persons in the car and thrown on the road. Their clothes were also torn. Their cell phones and money was also snatched. The accused threatened them with dire consequences and left that place. 8. According to Madan Lal, he and deceased Ankush, could anyhow or the other, managed to reach Brahmpukhar where their motor cycle was lying parked. The deceased drove the motorcycle to Shimla. He was made to alight from motorcycle by the deceased at Totu whereas he himself went to his house. 9. The statement of another Madan Lal of villalge Khanog Tehsil Rampur, Distt. Shimla has also been recorded under Section 164 Cr.P.C. According to him, it is on 23.5.2016, he called Madan Lal aforesaid to come to Solan and they met at bus stand. They came to Shimla and went to hotel where he used to work. Since Ankush, the owner of the hotel, told him to bring Madan Lal aforesaid to the hotel, therefore, he went to the hotel with said Madan Lal. The deceased and said Madan Lal thereafter went to Brahmpukhar in District Bilaspur. On the next date, he came to know that Ankush fell ill and was vomiting. Since Ankush, the owner of the hotel, told him to bring Madan Lal aforesaid to the hotel, therefore, he went to the hotel with said Madan Lal. The deceased and said Madan Lal thereafter went to Brahmpukhar in District Bilaspur. On the next date, he came to know that Ankush fell ill and was vomiting. Also that, he was taken to hospital. After some time, he was informed in the hotel that Ankush has expired. 10. It is seen that all the accused have been booked for the commission of the offence with the allegations, as detailed hereinabove. True it is that allegations against accused persons are that they both along with their co-accused had administered beatings to the deceased and also Madan Lal. The doctor, who conducted the post mortem of the dead body of deceased, has also noticed several injuries on his body, however, at this stage, it is difficult to believe that the occurrence has taken place in the manner as claimed by the police. It remained unexplained as to who was the Tantrik who had to participate in the process of currency notes generation through magic on behalf of deceased and Madan Lal and who was on behalf of complainant party. Why the deceased and Madan Lal were called by Suresh to Brahmpukhar and why the deceased and others went to Ghagas side and who were the occupants of the white coloured car remained unexplained. When it is only Madan Lal and Ankush, who alone had gone from Shimla to Brahmpukhar on being called there by aforesaid Suresh, where was the occasion to the accused persons to have quarreled with Madan Lal or the deceased at the pretext of bringing more persons with them. 11. Interestingly enough, the deceased had himself driven the motorcycle from Brahmpukhar up to Shimla, entirely a hilly terrain. Had the injuries were so grievous, because the deceased died on the following morning at 8:30 AM, how he could have driven the motorcycle to such a long distance and that too entirely a hilly terrain during night hours. The record reveals that the deceased Ankush reached in the house during night itself. Though, his mother, the complainant has not disclosed the exact time, however, he reached during night hours itself, may be early in the morning. The record reveals that the deceased Ankush reached in the house during night itself. Though, his mother, the complainant has not disclosed the exact time, however, he reached during night hours itself, may be early in the morning. In case, at 4:00 AM, they were at Ghagas and thereafter brought to Deoth near Brahmpukhar and if thrown there by the accused, it might have taken considerable time to reach at that place and then in injured condition up to a place at Brahmpukhar where their bike was lying and ultimately at Shimla. Therefore, they could have not reached at Shimla (Totu) in the night and rather on the following morning. However, Ankush reached in his house at Totu during night itself and even died in the hospital at 8:30 AM. 12. The primary disease, as per the complainant, was vomiting. Whether he was vomiting on account of the beatings administered by the accused persons, is a fact about which, no opinion can be formed, even prima-facie, at this stage. Ankush, no doubt, has died in the hospital at 8:30 AM, however, in the given facts and circumstances of this case, it cannot be said at this stage that it is the accused-petitioners, who had administered beatings to him. Above all, his mother the complainant, had suspected the cause of the death of her son to be administering of poison to him by someone. Whether the Tantrik resorted to any process to generate currency notes, nothing has come on record in this regard nor any investigation qua this aspect of the matter seems to be conducted. Nothing tangible which could have given some clue qua the injuries on the person of deceased Ankush and the cause of vomiting has also come on record. 13. Therefore, in the facts and circumstances, this Court feels that further detention of the accused-petitioners would be warranted. They are local residents of district Bilaspur and there is no likelihood of their fleeing away from justice or not available at the time of trial. Otherwise also, suitable conditions can be imposed upon them while admitting them on bail. 14. In view of the reasons stated hereinabove, these applications succeed and the same are accordingly allowed. They are local residents of district Bilaspur and there is no likelihood of their fleeing away from justice or not available at the time of trial. Otherwise also, suitable conditions can be imposed upon them while admitting them on bail. 14. In view of the reasons stated hereinabove, these applications succeed and the same are accordingly allowed. Consequently, both the accused-petitioners, who have been arrested in case FIR No. 132 of 2016 dated 25.5.2016 by the police of Police Station (West) Shimla, shall be released on bail subject to their furnishing personal bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the learned trial Judge/Judicial Magistrate, Shimla. They shall further abide by the following conditions: That they shall; a. regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; b. not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c. not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Investigating Officer; d. not leave the territory of India without the prior permission of the Court. 15. It is clarified that if the petitioners misuse their liberty or violate any of the conditions imposed upon them; the Investigating Agency shall be free to move this Court for cancellation of the bail. 16. The observations herein above, shall remain confined to the disposal of these petitions and shall have no bearing on the merits of the case. Both the applications stand disposed of.