GOKUL GADARI Vs. STATE OF M P

JUDGEMENT

(1.) Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicants- Gokul Gadari and Suresh Gadari.

(2.) The applicants are in jail since 25/06/2020 in connection with Crime No.99/2020 registered at Police Station Beohari, District Shahdol, for commission of offence punishable under Section 302 read with Section 34 of the IPC.

(3.) The case of the prosecution against the applicants, in short, is that, the deceased Ganesh Bais along with his son Ashish Bais went to the agricultural field for watering it, the applicants came on the spot and assaulted to Ganesh Bais by means of axe, due to which, Ganesh Bais died on the spot. They also threatened Ashish Bais. Ashish Bais went to the house and informed about the death of the deceased Ganesh to the family members, thereafter Kaushlendra Bais the elder brother of the deceased informed to the police and Merg No. 09/2020 was registered. During investigation, Ashish Bais stated that he has seen both the applicants while they assaulted Ganesh but he was threatened by the applicants and became very afraid therefore, he could not informed about the real truth of the incidence to the family members.