VIJAY SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Section 439 of Cr.P.C. has been filed by the applicants for grant of bail. They are the accused in Crime No. 20/2002, registered in Police Station Kelhari. for the offences punishable under Sections 325. 341. 294. 506 and 302 read with Section 34 of I.P.C.

(2.) Name of the deceased is Ramlal. The incident took place on 17/5/2002 at about 11.00 p.m. The case of the prosecution is that the wife of Firtoo Singh applicant No.2 herein was missing. The applicants suspected that deceased Ramlal had taken her away and kept her somewhere. They went to the house of the deceased Ramlal at about 11.00 p.m. on 17/5/2002 and asked to him the whereabouts of the wife of Firtoo Singh. The deceased told them that he did not know. Thereafter they took him towards jungle in search of the wife of Firtoo Singh and in the jungle: it is the case of the prosecution that they fisted him kicked him and assaulted him with lathis. The relatives of the deceased came there and witnessed the assault by the applicants. The deceased was taken to his house and on the next day morning, he was taken to the hospital and thereafter the complaint was filed by the deceased himself before the police and on the basis of which the aforesaid case was registered and the investigation was taken up.

(3.) Learned counsel for the respondent/State submitted that there are five eye witnesses to the incident. All of them have stated that the applicants were fisting kicking and assaulting the deceased with lathis.