BABUBHAI MAGANBHAI SNAGAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11821014200348 of 2020 with Dhanpur Police Station for the offences punishable under Sections 302, 323, 324, 504 and 506(2) of IPC.

(2.) The short facts of the prosecution case are that a complaint came to be filed by one Mr.Vasnabhai Varabhai Sangad, Aged; 46 years, Residing at; Kaliyavad Sangad Faliyu, Tal. Dhanpur, Dist: Dahod, broadly alleging that the complainant has four brothers and they all were living separately. The name of the elder brother of the complainant is Mr.Jithrabhai and the wife of him had gone somewhere before about five years and thereafter, she did not come back. Mr.Jithrabhai has three children and it is further alleged in the complaint that on 18/10/2020, after taking dinner when the complainant was sitting in his house at that time he heard shouting near the house of his brother, therefore he went there and he saw that one family relative named Mr.Babubhai Maganbhai Sangad was telling the deceased why he was taking water from the hand pump which was situated near his house and the accused was also abusing the deceased and as people told him not to abuse the deceased, he hit the stone on the head of the deceased and also beat the deceased. Thereafter, the deceased was taken to other brother's house and from there, they went to the house of Sarpanch and as there was night therefore, they did not take the injured to the hospital and thereafter dropped the injured to his house and when on the second day when the complainant went to the house of the deceased to take him to the hospital, the deceased was succumbed to the injuries and FIR in question came to be filed.

(3.) Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C. and examined the papers placed for consideration in support of the submission made at bar.