LAWS(GJH)-2021-9-1455

CHANDIRAJ Vs. STATE OF GUJARAT

Decided On September 21, 2021
Chandiraj Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR-I/11217027210218 /2021 registered with Radhanpur Police Station, Patan for offence under Ss. 302 , 307 , 323 , 325 , 324 , 34 and 114 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(2.) Learned advocate for the applicant submitted that initially the FIR was registered for the offence under Ss. 307 , 326 etc. of the Indian Penal Code and it was only after the period of 4 (four) days when the victim had expired, report adding Sec. 302 of the Indian Penal Code was filed. Therefore, it cannot be said that the applicant had intention to commit murder.

(3.) Learned advocate for the applicant submitted that the dispute had arisen because of enmity between two families on account of proposal for cross marriages between two families