MUNNI BAI RAMLAL LODHI Vs. NANDKISHORE CHHABILE LODHI

JUDGEMENT

(1.) THIS application under Section 439(2) of the Code of Criminal Procedure, has been filed against the order dated 28 -10 -1991 of Shri A. K. Patel, Judicial Magistrate First Class, Gadarwara, whereby the accused non -applicants have been granted bail - allegedly in cases triable by the Court of Session. During arguments, counsel for the State also supported the application for cancellation of bail.

(2.) THE brief history of the case is that, on the report of applicant Munnibai, Crime No. 144/91, under Sections 147, 148, 149, 323, 324, 307, 325, 354 and 506 -B of the Indian Penal Code was registered against these non -applicants. The incident is said to have taken place on 26 -10 -1991 at 8 -00 A.M., in village Moregaon. Munnibai, Ranilal and Radheshyam received injuries in that incident. Ramlal was admitted in the hospital for treatment. X -ray examination of his injuries was also done; by which fracture of right tibia bone was found. Injured Radheshyam and Munnibai received simple injuries.

(3.) ON perusal of record, it appears that though Munnibai received four simple injuries, but Ramlal sustained nearly 11 injuries, out of them, 3 injuries were incised wounds, i.e. (i) on the anterior middle aspect of parietal bone, (ii) at the root of left toe and (iii) at the anterior aspect of upper right leg. Injury No. 5(B) was a punctured wound. There was fracture of right tibia and fibula as well. The Doctor, who examined these injuries, has not mentioned as to what type of injury was on the upper right leg which resulted in fracture of right tibia and fibula. However, the Doctor, who operated, found, two repaired wounds on the scalp and one incised stab wound on second rib (right side) of Ramlal. Fracture in leg was found in -between the two incised wounds and nearly whole area between the two incised wounds was injured.