PRASHANT BHASKAR Vs. STATE

JUDGEMENT

(1.) BY this petition, the petitioner assails the order dated 18th April, 2009 directing framing of charges as well as the charges framed against him under Section 302/34 of the Indian Penal Code in the case arising out of FIR No. 765/2006 registered by the police station Saraswati Vihar. On completion of investigation, the chargesheet was filed in the case titled State v. Prashant Bhaskar and Ors. pending before the trial court.

(2.) TO the extent necessary, the case of the prosecution is briefly noticed hereafter. A complaint dated 10th July, 2006 was made by one Shri Pushkar Raj, father of the deceased Dayanand with regard to an incident which allegedly occurred three months prior on 5th April, 2006. It stated that on 5th April, 2006, Shri Pushkar Raj accompanied by his deceased son Dayanand; Vipin another son as well as a worker Ram Bura had gone to the residence of Mahesh Sharma at about 7.45 p.m. in connection with certain monies which were owed by him. The complainant was required to come again for the reason that Mahesh Sharma was not available. Consequently, these persons had again visited Mahesh Sharma's residence at about 8.30 p.m. but he was still not available whereupon they had decided to wait for his return. On his return, Mahesh Sharma had refused to give the money. Instead he attacked Dayanand whereupon Vipin, the complainant 's younger son tried to stop him. At this, Manish Sharma, brother of Mahesh Sharma accompanied by Prashant Bhaskar @ Rinku came downstairs and both these persons started beating Dayanand and Vipin. After that Mahesh Sharma involved the complainant in certain discussions while Manish Sharma and Rinku kept on beating Dayanad mercilessly with their legs and fists. The complainant and the others thereafter returned to their house and ten minutes later, Dayanand started saying that he was having a burning sensation in his chest. Dayanand was taken to the nearby Manna Clinic and Maternity Home. The doctor gave Dayanand an injection and three doses of medicines. One dose of the medicine was given to him immediately. Dayanand was left with his wife and he went to sleep immediately. The next morning, at about 8.30 a.m., when his wife went to check on him, she found that Dayanand was not responding and she immediately called the complainant. One Dr. Harish Bhatia was called who immediately opined that Dayanand was no more. Dr. Harish Bhatia intimated the police also about the death. In this complaint, the complainant sought legal action against Mahesh Sharma, Manish Sharma & Rinku Sharma who were alleged to have caused the death of his son Dayanand.

(3.) I have heard learned Counsel for the parties and have been carefully taken through the statements of these persons who also claim to be the eye witnesses to the incident. Their statements are in identical terms.