DILUBEN JASHWANTBHAI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant, learned Additional Public Prosecutor for the respondent-State and learned advocate for the complainant. Appearance of the learned counsel for the complainant be recorded.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with C.R. No.I - 38 of 2017 registered with Kapadwanj Town Police Station for the offence punishable under Sections 325 , 323 , 504 , 506(2) and 302 of the Indian Penal Code.

(3.) Learned counsel for the petitioner has drawn attention of this court to the contents of the FIR and the statement of the witness Manoj recorded on 18.7.2017. In his submission the offence occurred in fit of the moment on account of the dispute pertaining to the land, which, according to the deceased, was mortgaged by him 20 years back with the accused and she wanted the accused to release the same. The accused joined the issue and stated that no land was ever mortgaged to her/her other family members. It is pointed out that during the scuffle the deceased allegedly gave a stick blows on his abdomen on account of which he sustained some injuries for which he initially sought medical help from Maruti Orthopaedic Hospital which noted the injuries and then discharged him, but, on account of persistent pain experienced by him (deceased), he was referred to civil hospital, where post operation he died. It was contended that no blows were caused by the petitioner on any vital part of the body of the deceased and that the deceased might have died on account of other complications not attributable to the petitioner. He would submit that being a woman the case for the petitioner be considered sympathetically.