SHIVANANDAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Yashwant Tiwari, Counsel for the applicant. Shri P.S. Koshy, Govt. Advocate for the State. Heard both the counsels. This petition under Section 439 of Cr. P.C. has been filed by petitioner Shivanandan for grant of bail. He is one of the accused in crime No. 50/2002, registered in Police Station: Sonhat, Distt. Korea, for the offences punishable under Sections 302 and 201 read with Section 34 of I.P.C. The name of the deceased is Dhanush Dhari.

(2.) According to the case of the prosecution, the incident took place on 23/06/2002. The dead body of the deceased was found in a field on 24/06/2002. The applicant saw the dead body of the deceased and informed the villagers and thereafter informed the Police. On the mere intimation given by the applicant, in inquest was conducted and thereafter the aforesaid case was registered and investigation was taken lip. During the course of the investigation, the statement of one Seetaram, father of the coaccused namely, Shanker, was recorded on 09/07/2002. The case of the prosecution is that the applicant and Shanker, the coaccused after taking liquor quarrelled with the deceased, fisted him and after his death, threw the dead body near the field.

(3.) According to the prosecution, the applicant and the coaccused Shanker made extrajudicial confession before Seetaram, father of the coaccused on 29/06/2002. But the statement of Seetaram was recorded only on 09/07/2002. He has not disclosed this fact till 09/07/2002 before anybody. Except this material, there is no other material to show that the applicant and other accused committed the murder of the deceased.