SUKHNANDAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 in connection with the Case Crime No.461 of 2019 (Sessions Trial No.254 of 2019), registered at police station Rudrapur, District Udham Singh Nagar.

(2.) Heard Mr. Lalit Sharma, learned counsel with Mr. Vikas Anand and Ms. Anmol Sandhu, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

(3.) Opposing the bail application, Mr. Pramod Tiwari, learned counsel for the State, submits that the case of the prosecution is that the informant Rinku (PW1) was going to his house on a motorcycle with his younger brother Prem Shankar, aged about 19 years, on 1/9/2019. At around 08:30 p.m., Sukh Pal (co-accused), who was standing in the middle of the road near Valmiki Temple, was asked to move out of the way. Then Sukh Pal (co-accused) slapped the informant's brother. One Chanchal of Chanchal Medical Store intervened. They left their motorcycle near Chanchal Medical Store and went their house. When the informant and his brother Prem Shankar went to take their motorcycle, the present applicant along with two co-accused persons assaulted them with an Iron pipe, Patal (sharp edged weapon) and a gupti (pointed weapon). The informant's wife Smt. Renu (PW2) had also reached the spot. Yogesh (PW3) and others had come to the spot. The informant along with Yogesh (PW3) had taken Prem Shankar to the hospital, but, he died on the way. As per the post-mortem report, the cause of the death of the deceased was coma due to head injury. On 4/9/2019, the said Patal, gupti and a rod (cable wire) were recovered from the house of the applicant. Co-accused persons are real brothers of the applicant. The said recovered articles were sent to the Forensic Science Laboratory. Upon conclusion of the investigation, charge-sheet was filed. Prosecution has examined five witnesses till date.