DINESH MISHRA Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard.

(2.) This Is An Application Filed Under Sec. 439 of The Code Of Criminal Procedure For Grant Of Regular Bail To The Applicants, Who Have Been Arrested In Connection With Crime No. 56/2008, Registered At Police Station-Mandir Hasoud, District-Raipur (C.G.) For The Offence Punish- Able Under Sec. 302 Read With Sec. 34 of The I.P.C. And Sec. 3 (2) (V) Of The Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act. 1989.

(3.) The case of the prosecution is that on 13.1.2008 at about 9.00 p.m. the deceased namely Maneshwar was beaten by the applicants by hands and fists. Maneshwar himself lodge the report to the police, which was taken into Rojnamchasana dated 14.1.2008. In the said report, he did not mention the names of the applicants. On account of injuries, Maneshwar was admitted to hospital. He remained in hospital from 14.1.2008 to 30.1.2008, during which leprotomy was done and he was discharged on 30.1.2008. It appears that thereafter, he was again hospitalized and ultimately he died on 26.2.2008. The post-mortem report of the deceased would show that the cause of death was cardio respiratory failure as a result of abdominal injuries and its complication. During the course of investigation, on 25.2.2008, statement of Ram Kumar Dora was recorded by the police, who disclosed that the deceased was beaten by the applicants by hands and fists. it was, on his statement, the applicant /accused persons were taken into custody on 27.2.2008 and they are in jail since the said date.