RAJUBHAI CHATURBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.I-11211015220028 of 2022 registered with the Dhragandhra City Police Station, Surenranagar of the offence punishable under Ss. 307, 323, 324, 504, 506(2) read with Sec. 114 of the IPC and Sec. 135 of the G.P. Act.

(2.) The facts in brief leading to the filing of the present application may be summarized as under;

(3.) Learned advocate Mr. N.P. Zaveri appearing on behalf of the applicant has submitted that the so called incident took place on 22/1/2022 and the impugned FIR came to be lodged on 23/1/2022. The applicant accused was arrested on 23/1/2022 and since then he is in jail. Learned advocate Mr. Zaveri has further submitted that the allegations against the applicant-accused are that the applicant-accused inflicted injury by scythe (Dhariya) on the head of the deceased. However, looking to the injury certificate of the deceased issued by C.U. Shah Hospital, it reveals that nowhere in the said certificate it is stated that the deceased received any injury by scythe (Dhariya). Even it is stated in the certificate that the injury caused to the deceased was by Axe (Kulhado). It is also submitted that one of the witnesses and injured victim, namely, Rameshbhai Khimjibhai Parmar in the history given before the doctor has clearly stated that he was assaulted by ten persons armed with Dhariya (scythe), Kuhado (axe), iron pipe, however, for the reasons best known to the Investigating Officer, the other six persons have not been joined as the accused persons and are shielded by the Investigating Officer and the applicant along with the other co-accused have been falsely implicated in the present offence. Learned advocate Mr. Zahveri has also submitted that looking to the statements of all the interested witnesses, it appears that they all have stated that the applicant had given one Dhariya (scythe) blow on the head of the deceased due to which the deceased succumbed. However, from the the injury certificate and the postmortem report, it transpires that the deceased had not received any scythe blow (Dhariya) on his head but several injuries were found on his head which resulted in his death due to cardio respiratory failure.