PRAVEEN KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) This application under Section 439 Cr.P.C. for bail has been made by the accused, who is facing trial under Section 302 read with Section 34 IPC. It is submitted by the counsel for the accused that the role assigned to the accused was only of catching hold of the deceased. Counsel relied upon 1999(2) JCC SC 471 Ramashish Yadav and Ors. v. State of Bihar and argued that it could not be said that the applicant shared the common intention of main accused of killing the deceased.

(2.) The testimony of the witnesses in this cases shows that the deceased Rajesh was waiting when he saw a poor man being beaten by one of the accused. He intervened and told that accused as to why he was beating the poor man. The accused person told Rajesh "tunhe saari duniya ka theka le rakha hai" and he kept on beating the poor man. Ultimately Rajesh intervened and separated the accused and the poor man. On this the accused (other then the applicant) got furious and he went inside the bus terminal and returned along with applicant and third accused and Rajesh was hit on head by a broken bottle of glass. Rajesh started bleeding from his head and bent downward on earth. When he tried to get up and run away, he was again hit with the bottle. The second boy caught hold of running Rajesh and the third boy took out knife from his pocket and stabbed Rajesh on left side of chest with the result Rajesh fell down.

(3.) Looking into the manner in which the three boys had come together in order to teach a lesson to Rajesh, who had dared to intervene and tried to save a poor man from being beaten and the fact that they were armed with knife and bottle, prima facie shows that all the three boys shared the same intention of killing Rajesh. I do not find it a fit case for grant of bail. The application is hereby dismissed.