CHITRA KANT KOSLEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 07/2007, registered at Police Station Masturi, District Bilaspur (C.G) for commission of the offence punishable under Sections 302 & 201/34 of the I.P.C.

(2.) The brief facts are that the deceased namely Shashi Kant Kosley was the brother of applicants No. 1 & 2 and son of applicant No. 3. The applicants were residing in village Pendri, Shashi Kant, since deceased, was in love with one Kanti Bai, who was a married lady. On account of their love affair, Kanti Bai had left the company of her husband and children and she was residing with the deceased Shashi Kant in a house at Bilaspur. On 3.1.2007, Shashi Kant and Kanti Bai, both had gone to the house of the applicants. There was some altercation between them in the house. Kanti Bai remained there but the deceased, in the evening went in the village and came at about 8.00 p.m. in drunken condition and thereafter he again started quarrelling with his brothers and father. The allegations are that on account of this quarrel, these applicants No. 1 to 3 assaulted the deceased with the help of Danda, iron rod etc and the deceased fell down in the house and he became unconscious. By that time, Kanti Bai ran away from the house and she hided herself at a particular place. She later on saw that these applicants had taken the dead body of the deceased from the house and thrown it on an open place in the village and the dead body was recovered on 4.1.2007 and the report was lodged.

(3.) So far as the evidence part is concerned, Kanti Bai has been examined as an eye-witness whose statement was recorded on 18.1.2007. She has stated that as to how the marpit took place and how the deceased was murdered by the applicants.