SANTOSH Vs. STATE

JUDGEMENT

(1.) Petitioner seeks anticipatory bail in FIR No.427/2018 under Sections 308/304/34 IPC, Police Station Kanjhawala. Subsequently on the death of the injured, Section 302 IPC has been added.

(2.) The allegations in the FIR are that the complainant along with his mother and father were going to their field and working there. They share a common field with the petitioner and her family and there was earlier also a dispute with regard to sharing of water.

(3.) It is alleged that on the day of the incident i.e. 28.10.2018, the complainant along with his father and mother went to the field to work. Petitioner and her son were already working in their field. A quarrel took place and the petitioner abused the mother and father of the complainant and a verbal altercation broke out. Subsequently, the son of the petitioner who was working in the field with a Kassi (spade) hit the same on the head of the father of the complainant who sustained serious injuries. He was immediately shifted to the hospital and subsequently expired after 4 days of treatment.