RAJPAL Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No.36/2017 under Sections 302/341/323/34 IPC, Police Station Alipur.

(2.) The allegations in the FIR are that the complainant has a property dispute with one Braham Singh. On the night of the incident, the complainant came to his house, when co-accused Hari Prakash came from behind and started beating him. Thereafter, the other coaccused including the petitioner are alleged to have come and threatened that they would kill him. His father on hearing the noise came out. When the co-accused Braham Prakash and Ashok Kumar are alleged to have caught hold of the complainant, Hari Prakash and the petitioner Rajpal are alleged to have started beating his father. It is alleged that all four of them gave kicks and blows to his father, on account of which, he fell down and could not get up. He was taken to Max Hospital where he was declared dead. It is alleged that his father died on account of blows given by fists and kicks on stomach and below his stomach.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated. It is contended that it is false to contend that the petitioner had even touched the father of the complainant. It is submitted that no blows were given to the father of the complainant and he died on account of natural circumstances. He further submits that MLC does not support the case of the prosecution and does not substantiate the fact that the deceased died on account of injuries which are alleged to have been inflicted by the petitioner.