MAHETAB, JABBAR BAIG AND AHMED BAIG Vs. STATE

JUDGEMENT

(1.) THIS petition is filed seeking bail in Crime No. 408/2013 of Bhalki Town police station, registered on 30.11.2013 for the offences under Sections 341 and 307 of IPC.

(2.) IT is stated that the injured Irfan has succumbed to the injuries in the hospital and an offence under Section 302 of IPC is added to the above FIR subsequently. It is the case of the complainant - - Abdul Waheed that his son Irfan had gone to the field on 30.11.2013 at about 7.20 a.m. for collecting the vegetables to be sent to the market. At about 7.45 a.m. the complainant went to the fields and since he could not find his son, he was searching for his son. He heard some sound from the neighbouring burial ground and when he went near, his son was found fallen on the ground with the injuries on his forehead. He was bleeding through the nose and there were two fevi quick covers near the injured person and the fevi quick was found in the mouth of injured. A stone was lying nearby and the said stone was stained with blood. Thereafter with the help of neighbouring people, the complainant took the injured in a motorcycle to the Bhalki Government Hospital and after giving him first aid removed him to the Government Hospital, Bidar. The Doctors of Bidar hospital advised him to take to the injured Hyderabad. He sent the injured to Hyderabad from Bidar and came back to his house and lodged a complaint. The police have registered a case against unknown persons and investigation is commenced. It is further seen from the investigation papers that on 25.12.2013, three persons by name Abdul Mazid, Syed Gouse and Dhanraj were examined by the police during the investigation and they are cited as eyewitnesses to the incident. In their statement, it is recorded that on the date of incident they had seen the petitioners and the deceased from about 200 ft. away from inside the burial ground and that the petitioners had assaulted the deceased on the ground that the deceased was behaving with the wife of petitioner No. 1 immorally. It is also stated in the said statement that one of the accused lifted a stone and put it on the head of Irfan and thereafter all the accused left the place. Since they did not intervene with the affairs of the complainant's family, they went to work in Anandwadi village and came to the house in the evening. On the next day they came to know that the injured has succumbed to the injuries.

(3.) SRI Sanjay A. Patil, learned Addl. SPP on the other hand submits that these eyewitnesses had gone to their work thinking that they did not want to interfere with the personal affairs of the complainant and his family with the family of accused. Hence, there is no reasonable explanation forthcoming for not informing the police or the complainant regarding their eyewitness account of the incident.