VISHUNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first application was dismissed as withdrawn by order dtd. 6/1/2022 passed in M.Cr.C. 63924/2021.

(2.) The applicant was arrested on 10/9/2021 in connection with Crime No.188/2021 by Police Station Phoop, District Bhind (MP) for the offence punishable under Ss. 302, 201, 323, 506, 34 of IPC and 25/27 of Arms Act.

(3.) In brief, the prosecution case is that on 9/9/2021 at 2 pm Vinop Pal lodged a Gumshudgi at Police Station Phoop taht on 8/9/2021 his nephew Ashish Pal informed him that mother is not at home from last four days. He doubted that father Mannu Baghel killed her. Thereafter on 9/9/2021 he reached in in-laws house of his sister. Sister was not there. He inquired from her husband Mannu lal. He told him that she had gone to Gwalior. When he enquired about her, it came to know that sister Kusum had not gone to Gwalior. He searched here and there but could not trace her. On his information missing report No. 15/21 was recorded. During inquiry on 9/9/21 at 4:20 pm at Village Janora in the field of Mannu Pal body of Kusum Pal was found on excavation of field. Dead body Panchnama was prepared. Dead body was sent for postmortem. As per postmortem report dead body is moderate to advanced stage of decomposition. Head injuries were present which was caused by forceful impact of hard and blunt object. She died during 3-6 days from conduction of postmortem. Daughter of deceased Sonam aged about 30 years in her statement stated that deceased was his mother and Mannu Pal is her father. They used to quarrel regularly. On the date of incident on 6/9/21, he came to house after taking liquor. He filled diesel in one contained and calling her mother to place the container on the floor. When his wife did not come, he entered the bathroom and assaulted her and took her outside the house and brutally beat her. He assaulted her with the butt of gun due to which she died. Thereafter her grandmother and father buried the dead body of her mother. During dispute her grandmother also assaulted her with Lathi. On 10/9/2021 FIR bearing crime No. 188/2021 of the offence punishable under Sec. 302, 201, 323, 506, 34 of IPC was registered against present applicant and others. Applicant was arrested on 10/9/2021.