HEMRAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on bail application.

(2.) CASE -diary has been perused.

(3.) AS per prosecution story, incident has occurred on 16 -12 -2013 at about 7 pm and FIR was promptly lodged at about 8:15 pm by Sahab Singh, son of deceased Babulal. FIR was lodged against the present applicant along three other co -accused persons. The allegations were made that Babulal was assaulted by Manpal, Ramesh Jatav, Dharmendra and present applicant in intoxication. It was alleged that at the time of incident Manpal, Ramesh Jatav and present applicant were armed with Farsa sharp edged weapons and Dharmendra was armed with Lathi and Babulal was beaten by all the persons on 16 -12 -2013 but in MLC report two lacerated wounds were found present over the body of deceased while in the post mortem report prepared on 17 -12 -2013, 12 ante -mortem injuries were found present on the dead body of Babulal. All the 12 injuries were lacerated wounds and no injury caused by a sharp edged weapon was found present. On the same set of evidence, co -accused Ramesh Jatav has already been enlarged on bail by this Court vide order dated 11 -04 -2014 in M.Cr.C. No. 2765/2014. It was also alleged that one Farsa below was caused by the present applicant but no corresponding incised injury was found present on the body of Babulal in MLC and autopsy report.