CHHUTTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant.

(2.) The applicant has been arrested in connection with Crime No.164/2018, registered at Police Station Chandla, District Chhatarpur, for the offences punishable under Sections 147 , 148 , 149 , 323 , 324 , 307 , 302 of IPC and section 25-A of the Arms Act.

(3.) The allegation of prosecution is that on 16.9.2018 at about 7:30 pm in village Dumkheda in front of complainant Ramratan Yadav's house because of old rivalry, applicant alongwith co-accused persons reached armed with deadly weapon and after abusing complainant and his family members have said that they want to fight with the complainant and his family members. When the complainant Ramratan Yadav refused and told that he does not want to fight, then with the common intention the applicant and other co- accused have attacked on the complainant Ramratan Yadav and his family members Murat, Kamla, Ramgopal, Lakhu Yadav, Puniya, Sudama, etc. In the incident all of them have sustained simple and grievous injuries on the vital parts of the body. Report of the incident has been lodged immediately after the incident. On that basis Dehati Nalishi had been recorded and all the injured have been sent for medical examination where their medical examination was done and report prepared. All the injured were treated after admission in the Hospital. Lateron FIR has been lodged in the Police Station Chandla, District Chhatarpur and offence under the aforesaid crime has been registered against the applicant and other co-accused persons. Looking to the condition of Murat Singh Yadav, who was severely injured, he was sent to Medical College, Gwalior. During the course of treatment, he died because of the injuries which he sustained in the incident. His postmortem has been conducted and on the basis of postmortem report section 302 of IPC has been added in the previously registered offence.