MANWAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.PC seeking regular bail in connection with FIR No.668/2020 under Ss. 302/34 IPC registered at PS Adarsh Nagar.

(2.) The case of the prosecution is that the deceased Rahul was admitted in BJRM Hospital, Jahangirpuri, Delhi in an unconscious condition. The MLC of the deceased mentions history of physical assault (few people slapped him) as told by the patient's father. During treatment the injured patient succumbed to his injuries. No witness to the incident was found in the hospital. On examining the body, no apparent injury was found. The post mortem of the deceased was conducted on 8/10/2020. In the meantime, Sh. Dharampal son of Sh. Jai Bhagwan, an eye witness to the incident, reached and stated that the deceased was his nephew. He further stated that about two month's back it came to the notice of the family that deceased Rahul was having a love affair with one girl namely Sagufa and her family members were annoyed with Rahul and were restricting them from meeting.

(3.) On 7/10/2020 at about 7.00 PM, friend of the complainant/Dharampal, namely, Raju informed him telephonically that 4/5 boys were beating Rahul at Nanda Road. On reaching the spot, he found that 5/6 boys from Sagufa's family were beating Rahul with kicks and fists and Rahul was lying on the road. He separated them and got Rahul released from their clutches. When he asked from Sagufa's relatives namely Raj, Afroz, Shahnawab, Kaif, Tajudeen Hussain and others as to why they are beating Rahul, they replied that Rahul was talking to their sister Sagufa and they have tried to make him understand but he is not mending himself, hence they would finish him. Dharampal saved Rahul by requesting them and the accused persons left the spot threatening Rahul, who was having pain in his ribs at that time. He shifted Rahul to his residence where his condition deteriorated after which he was taken to Dr. Ajay's clinic where the deceased was provided first aid. Later on, when his condition did not improve, he was shifted to BJRM Hospital, Jahangirpuri, Delhi where he succumbed to his injuries during treatment.