BASANTILAL GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the third (repeat) application under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant- Basantilal Gurjar who is in custody since 4/8/2021 in connection with Crime No.177/2021 registered at Police Station Barawda, District Ratlam, for the offence punishable under Sec. 323, 294, 506, 34, 307, 325, 120-B of IPC.

(2.) As per the prosecution. story, on 27/6/2021 police Haatpipaliya received information from Govt. Hospital Mandsaur about admission of Manohar Singh in an injured condition for treatment. C.L. Haada, Assistant Sub-Inspector reached to the hospital and recorded the statement of Manohar Singh and according to the injured, on 25/6/2021 near about 9, he was sitting in his agriculture field and operating the mobile. All of a sudden Udaylal (saala) and Basantilal (present applicant) came with a pipe and stick in their hands and started abusing him. Udaylal gave a blow by pipe on his head thereafter Basantilal and Gurjan assaulted him by means of stick. Two persons also came there with the sticks, and they also assaulted him thereafter, Pooralal came there and the accused persons left the place by threatening him. Initially The FIR was registered under Ss. 323, 294, 506 and 34 of the Indian Penal Code and on the basis of the X-Ray report given by the Mewad Hospital fracture was found on both the legs and left hand. Hence, offence under Sec. 325 of the IPC was added and thereafter on 29/7/2021 query report was obtained and Sec. 307of the IPC was also added in the FIR.

(3.) Thereafter the doctor Raunak Kochatta has been examined as PW/5 and according to him no fracture was found on the head, as per the X-ray report there was a fracture of only tibia fibula which is not life threatening hence, offence under Sec. 307of IPC is not made out.