ISHVERJI CHANDUJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Under the instructions, learned advocate for the applicants requests to permit the applicant Nos.1, 2 and 5 to withdraw present application with a liberty to approach learned Sessions Court concerned after a period of six months.

(2.) Learned advocate for the applicants has referred the postmortem note of the deceased and argued that in Column No.17, no external as well as internal injuries are specifically mentioned that as mentioned in the complaint, and therefore, it is difficult to believe the allegations levelled against the applicants. Learned advocate for the applicants has also referred the affidavit of the Investigating Officer filed before the learned Trial Court and argued that as per his statement only accused nos.1, 2 and 5 have given stick blows to the deceased below his knee and no any vital blow on the head of the deceased was given by any of the applicants. That the applicants are falsely involved in the alleged offence and therefore, considering the nature of allegations, role attributed to the applicants No. 3 and 4, the applicants No. 3 and 4 may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent ?State has referred the contents of the complaint, particularly last para, and argued that oral dying declaration of the deceased was recorded in presence of the complainant, wherein he has clearly stated that because of causing injuries to him by all the accused persons, he was injured. It is further submitted that serious offence has been committed by present applicants by committing murder of the deceased. She has also referred the postmortem note of the deceased and argued that cause of death was hemorrhagic and neurogenic shock due to vital organ (head injury) and multiple injuries on body. That serious offence has been committed by the present applicants, and therefore, no leniency can be taken in favour of the present applicants. It was submitted by learned APP for the respondent ?State to dismiss the present application.