PAWAN KUMAR RATHIYA Vs. STATE OF C G

JUDGEMENT

(1.) HEARD . This is an application filed under Section 439 of the Code of Criminal [Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.73/2008, registered at Police Chowki - Jobi, Police Station - Kharsiya, District Raigarh (C.G.) for the offence punishable under Sections 102 and 201/34 of the IPC.

(2.) THE case of the prosecution is that on 29/2/2008 at about 7-8 p.m., a parrel was going on in the house of Prem Singh (deceased). In fact, Jalinder Singh and his son - Pawan Kumar Rathiya (present applicant), both were quarrelling nth the deceased - Prem Singh. The allegations are that during the course of parrel, co-accused - Jalindhar Singh assaulted the deceased on his head with the help of grinding stone. The incident was witnessed by three eye-witnesses namely Fero Bai, Usha Bai and Draupadi Bai. The allegation against the present applicant is that he participated in taking the dead body of the deceased from the place of occurrence to a different place and thereby, he tried to give the shape of accident to the incident, which in fact had taken place in the house of Prem Singh.

(3.) ON the other hand, learned counsel for the State opposes the bail application. He reads the statements of Fero Bai and Usha Bai.