SAMABHAI KALUBHAI BHURIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R.No. 11821035210111 of 2021 registered with Limkheda Police Station, Dist. Dahod, for the offences punishable under Ss. 302 and 114 of IPC.

(2.) The applicant herein is aged about 71 years old, has been charged with Ss. 302 and 114 of IPC. According to the case of the prosecution, on 7/4/2021, the applicant along with co-accused Bachubhai Bhuriya went to house of the deceased namely Dalabhai Bhuriya. The applicant was armed with axe, whereas, the co-accused having wooden stick in his hand. Both the accused raised a dispute about the transaction made with one Kidiyabhai Humjibhai and beaten up the deceased on his leg, as a result of which, he sustained fracture injuries. Deceased was taken to local health center and then, referred to higher center at Dahod. Due to intervention of the elderly persons of the village, the deceased did not disclose the complaint about the incident. The government doctor advised for operation, however, due to positive report of Covid-19, operation was not performed and on 17/4/2021, deceased was taken to his home and he remained in isolation. It is case of the prosecution that on 20/4/2021, he succumbed to his injuries. As per the Central Government's guidelines, PM was not performed as the deceased was suffering from Covid-19 disease.

(3.) In the aforesaid facts, the complainant being the daughter in law of the deceased lodged an FIR alleging that, deceased has been killed by the applicant and has committed an offence of murder.