SANJAY MATHUR Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard. The applicant is apprehending his arrest in connection with crime No. 166/12 registered at police station-Nandani, Bhilai, District-Durg for alleged commission of offence under Section 307/34 of IPC.

(2.) The case of the prosecution is that when the police constable, on receipt of information reached the spot, where oil was being transferred from one tanker to other tanker, the applicant and other co-accused, with intention to murder the Constable-Mahavir dashed the vehicle against him.

(3.) Learned counsel for the applicant submits that even if the entire statements and contents of FIR is taken as it is, there is nothing to show that the applicant had any intention to murder the police constable. He submits that the vehicle was being driven by the other accused and even according to the allegation, the moment the police constable arrived, the other accused attempted to run away from the spot. He further submits that the applicant was not at all present at the spot but merely because he happens to be the brother of the co-accused, he has been falsely implicated.