SURESH PAWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard both the counsel. This is an application under Section 439 Cr.P.C. filed by the applicant for grant of bail. He is one of the accused in Crime No. 03 of 2002, registered in Regakhar Police Station for the offences punishable under Sections 302 and 201 read with Section 34 of I.P.C.

(2.) It is submitted that there are four accused in the said case; one is the applicant, second is Kokram Patel, third is Thammanlal Patel and fourth is Anjilal.

(3.) The case of the prosecution is that on the night of 17/7/2002 and 18/7/2002 the applicant assaulted deceased Tursa Bai who was his kept mistress and committed her murder, buried her dead body near a Nala, thereafter took out the dead body and burnt the same. On the complaint filed by Anjila one of the co-accused the aforesaid case was registered and the investigation was taken up. It is submitted that the Police have recovered the broken bangles and the Chappal of the deceased near the place where the dead body was buried. The complaint was filed by coaccused Anjilal on 2/2/2002 and the applicant was arrested on 4/2/2002 and it is the case of the prosecution that the applicant also confessed to commission of the murder by him. Anjilal in his complaint has also stated that the applicant also confessed before him that he had committed the murder of the deceased.