GYANENDER PAL Vs. STATE OF DELHI

JUDGEMENT

(1.) By this application under Section 439 Criminal Procedure Code, petitioners are seeking bail in case FIR No. 254/05 under Sections 342/308/302/34 Indian Penal Code, P.S. Mukherjee Nagar.

(2.) Prosecution allegations are that petitioners were employed at the shop of one Amit who used to sell ready made garments, Tailoring was used to be done by one Raj Kumar (deceased). On 10.6.2005, a dispute arose between Amit and Raj Kumar regarding the delay in delivering the tailored clothes. Raj Kumar was severely beaten by Amit and co-accused Rajeev a Monti with fists and legs. When the brother of the deceased came to his rescue, he too was assaulted to Deceased was taken to Hindu Rao Hospital for treatment and was discharged on the next date. On 13.6.2005, he was again admitted in the hospital as his condition deteriorated and was operated. However, he died on 22.6.2005. Thereafter, the case is converted into one under Section 302 Indian Penal Code. Learned APP for the State strongly opposes the prayer for bail submitting that petitioners along with other co-accused assaulted the deceased with fists and slaps and the post mortem report reveals that deceased had received injuries even on the private parts, therefore, intention to kill can be inferred from the nature of the injuries inflicted.

(3.) Learned counsel for the parties read out the statement of the deceased and his brother Aftar Singh, who is a prime witness in the case. It is not necessary to evaluate their statement(s). Petitioners were employees. The case of owner of the shop Amit and Rajeev C) Monti would be on different footing.