MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is one of the accused in First Information Report No.164/2020 dtd. 8/6/2020 registered at Police Station Khanpur, District Jhalawar (Rajasthan) under Ss. 143, 307, 452, 323, 504 of the Indian Penal Code (IPC) wherein subsequently offence under Sec. 302 of the IPC was also added. There is a cross First Information Report No.165/2020 of the same date registered at the same Police Station under Ss. 143, 341, 323, 452, 504, 324 IPC wherein subsequently Sec. 307 of the IPC was added which is stated to be earlier in point of time, in which the opposite party is alleged to have caused sharp edged injury between eyebrows and nose on the face of the uncle of the petitioner. The petitioner's version is that Respondent No.2 (complainant) along with his brother Jankilal (since dead) reached the house of the petitioner with wooden sticks and gandasi and started fight with the petitioner's family members. Both the families are related to each other and are also neighbours. In a free fight, blows were exchanged and as noticed earlier, while uncle of the petitioner received a sharp edged injury on vital parts of the body attracting Sec. 307 IPC, the brother of Respondent No.2 (complainant) (deceased Jankilal) also received 5 blunt injuries on his head, as a result of which, he succumbed.

(2.) The petitioner is accused of giving one blow on the head of the deceased with a danda (Bamboo). It may also be mentioned that occurrence took place on 8/6/2020 and the deceased succumbed to his injuries on 12/6/2020.

(3.) The petitioner was arrested on 18/6/2020 and he was released by the Trial Court on regular basis on 22/6/2021. Respondent No.2 firstly approached the Trial Court and thereafter the High Court with a petition under Sec. 439 (2) of the Code of Criminal Procedure, 1973, and pursuant thereto, the High Court has vide impugned Order dtd. 27/9/2022 cancelled the bail granted to the petitioner by the Trial Court.