ROSHAN BABLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD . Case diary of crime No. 83/2000 of police station - Berla for an offence punishable under Sections 302. 120 -B/34. IPC perused.

(2.) WHILE Mahadev and some others were apprehended by the police under a memorandum of Mahadev the police party came to know that Mahadev and some of his associates had committed some other, offence. Said Mahadev in his memorandum stated before the police that on an earlier occasion after kidnapping one Gudda Thakur he and his associates including the applicant No.2 went to a lonely place where the said Mahadev and his friend shot him dead. The memorandum also says that after committing murder of said B.S. Gudda Thakur said Mahadev gave the said country made revolver (katta) to the applicant No.1.

(3.) AFTER going through the memorandum of Mahadev, which simply says that he had given the katta for safe custody to the applicant No.2 and does not say anything against the applicant No.2 that either he took part in the marpeet with Gudda Thakur or caused him any injury or fired any shot on said Gudda Thakur, I consider present to be a fit case for directing the release of each of the applicants on bail.