IDU MOHAMMAD KHAN 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. 383/2002 registered in Police Station Janjgir for the offence punishable under section 307 read with section 452 of the IPC. Name of the prosecutrix is Leeladevi.

(2.) Case of the prosecution is that on 28/10/2002 at about 7.30 p.m. the applicant along with two other persons entered the house of one Dwarkaprasad and pressed the neck of Leeladevi and she sustained injury on her neck. According to the prosecution the prosecutrix become unconscious and she regained consciousness only on 31/10/2002 on which date her statement was recorded by the Police under section 161 of the Code of Criminal Procedure.

(3.) Cajrisd forthe resjrndcrit subnil that in erstaterent ie has taken the mne cite apptant ore cite accusal wh citel Ier house. But cnur forthe app&ant sbmit1l that The statcrent cite husband cite prcrswMtc nanety Dwa4qnsid was renthi on 6/11/2002 in which 1e has statal that The pnbtc gae the mne clone Naresh (Thauhan and ThereallErgave The namc clGiab CThand and termilEr gave the narre cl Raju Mulman. Thus ste has givei different narr at different Um which is nct dpSel bytecainIfbrThe respondent. Learned counsel also submitted that the Police have recorded the statement of one Basant Kumar and he has stated that on the date of incident between 7 and 7.30 pm, the applicant was sitting with one Ramanand Kashyap.