BHULLAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD learned coun­sel for applicant and learned Government Advocate.

(2.) THE applicant is facing prosecution for an offence under Section 302 I.PC. the weapon assigned in the hand of the appli­cant is `Gandasa' but the role assigned to the applicant in the FI.R. is catching hold of the deceased from the perusal of FIR. It comes out that the death was caused on account of chopping of the head of the de­ceased by “Tabal" by co-accused Dharmbir. From the medical report it transpires that the deceased has received four injuries. Therefore, there is contradiction in the FI.R. as well as medical report. However, this is the subject matter to trial. The contradic­tion as noticed creates a doubt,. with regard to the presence of the applicant. Therefore, the applicant Bhullan Singh is released on bail in case Crime No. 23/2001, under sec­tion 302/34 I. PC. and section 3(2) (5) SC/ ST Act, P S. Laxer, District Haridwar, on his furnishing a personal bond and two sure­ties each in the like amount to the satisfac­tion of C. J. M. concerned.