BHARATBHAI BHOPABHAI RANGPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11211045210124 of 2021 registered with Sayla Police Station, District Surendranagar for the offences punishable under Ss. 302 , 323 , 201 and 120(B) of the Indian Penal Code.

(2.) Learned Senior Counsel for the applicant Mr. I.H. Syed with learned Advocate Mr. Laxmansinh M. Zala submitted that the present applicant has been arraigned as an accused in the matter on the ground that the wife of the deceased was having an illicit relationship with him. It is submitted that no post mortem has been conducted on the body of the deceased and the case has been made out on the basis of presumptions that when the body was seen by Nagjibhai Jadavbhai, Prebhabhai Ranchoddbhai Mer, Jashwantbhai Gelabhai Mer and others, they found strangulation marks on the neck. It is further submitted that inspite of the above, the incident was not informed to the police and they all together conducted the last rites of the deceased. Thereafter, suspecting the blood stains on the broken cot and stained handkerchief found near it, they have raised a suspicion against the wife of the deceased and thereafter the First Information Report was registered.

(3.) Learned Additional Public Prosecutor Mr. Pranav Trivedi, submitted that though the confessional statement before the police may not be admissible in evidence, however, the police could examine the facts on the confession of the accused and therefore, there is evidence to connect the present applicant with other CDR's. It is further submitted that the co-accused, i.e. the wife of the deceased having known her criminal act had prevailed upon the other family members for not conducting the post mortem on the deceased. As a result, the very same act had led to invocation of Sec. 201 of the Indian Penal Code which is a deliberate act of the co-accused to destroy the evidence. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.