SURENDRA SINGH Vs. STATE OF MP

JUDGEMENT

(1.) HEARD the counsel for parties and perused the case dairy. This is first bail application u/s 439 CrPC Applicant is facing trial in Grime No. 4/2002 for committing offences punishable u/s 147, 148, 149, 307, 302 IPC and section 25 and 27 of Arms Act.

(2.) AS per prosecution story the deceased Nandram died by an axe injury caused by the present applicant. - Medical report says that there is one incise wound on the head of the deceased. Counsel for applicant submits that incident has taken place at 9 : 00 A.M. while the PER was lodged at 11 : 00 A.M. Before FIR was lodged a Lash Panchnama was prepared which was signed by one of the eye witness who has also lodged the FIR. In the Panchnama the cause of death is shown to be an injury by 'Sabbal'. The other independent witnesses Onkar and Jugal Kishore and others have stated in their statements that the deceased died by 'Sabbal' injury. This shows that prima facie the accused is not responsible for the death. This application is opposed by the respondent by stating that all the witnesses who were injured and whose presence cannot be doubted have stated in their. statement that the injury was caused by the present applicant and is caused by an axe blow. According to respondent a CID report cannot be taken into consideration in view of the statements of the accused persons.