LAWS(DLH)-2007-8-239

BRIJESH KUMAR Vs. STATE

Decided On August 20, 2007
Shri Brijesh Kumar S/o Shri Prem singh Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) THE petitioner Brijesh Kumar is seeking bail in this case in which he has been charge sheeted under Section 302/34 IPC with another co -accused.

(2.) ON 14th October, 2004, the present case was registered on the statement of deceased Vikas Chauhan who himself had gone to police post Wazirpur while driving his car in injured condition and had told the police that he had been shot by the petitioner Brijesh Kumar and co -accused Hitesh and later on Vikas succumbed to those injuries on 16.10.2004.

(3.) ANOTHER contention raised by the learned Counsel for the petitioner is that in the MLC, name of the present petitioner was nowhere mentioned whereas the statement of PW -5 (wife of the deceased) was recorded after 14 days and during that period she had chosen not to speak about this incident to the police.