JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) THIS order deals with the bail application filed under section 439 of the CrPC in Crime No. 195/02 of P.S. Dharampuri for offence punishable under section 147, 148 and 302/149 of the IPC.

(2.) V The prosecution case is that on 14.10.2002 at about 3 p.m. at village Umaria the applicants along with other accused persons assaulted Jagdish with lathi and other weapons and he was dragged towards the house of Nanku who were the applicants and other co-accused started beating him and the throat of deceased Jagdish was pressed by the lathis by the applicants and on account of the injuries Jagdish has died on the spot. The report of the incident was lodged on 15.10.2002 at about 1.15 a.m. at Police Station Dharampuri and during the investigation, the statement of the wife of the deceased and other eye witnesses were recorded and the case is registered against the applicant under sections 302, 147, 148 and 149 of the IPC.

(3.) THE contention of the learned counsel for the applicant is that the co-accused Raju, Manglia and Budia were released on bail and as such the applicant also deserves the bail. The Sessions Judge, Dhar on