LAWS(UTN)-2010-11-18

MULTAN Vs. STATE OF UTTARAKHAND

Decided On November 10, 2010
MULTAN Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Manish Arora, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

(2.) Learned counsel for the applicant submitted that the post-mortem of the dead body of deceased was not conducted and without conducting any post-mortem the dead body of the deceased was cremated by the complainant. He further submitted that initially the deceased was medically examined at Roorkee Hospital and as per the medical report the injuries were shown to be caused by sharp edged weapon. However, according to prosecution story the deceased had fallen down from roof. He further submitted that these contradictions in the prosecution story and medical evidence create a reasonable doubt in the prosecution story.

(3.) After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.