RAMRATAN Vs. STATE OF MP.

JUDGEMENT

(1.) THIS is first bail application under section 439 of CrPC by the applicant, who has been arrested and in custody for committing offence under sections 307/34, 323, 294 of IPC and under section 25, 27 of the Arms Act, registered by-police station Andori, District Bhind, in connection with Crime No. 59/ 2005.

(2.) IT is alleged that the present applicant fired two shots by his gun causing injuries over the chest and left arm of the complaint Rajesh. Other co-accused also caused injuries to Ramavtar by sticks. The contention of the learned counsel for the applicant is that the complainant party was aggressor in this case and that the father of the applicant has been murdered in this case, who had sustained as many as seven injuries in the incident and that the applicant, his mother, brother and sister-in-law (Bhabhi) have sustained various injuries in the incident. It is stated that the mother of the applicant has sustained fracture of tibia and fibula and fracture of 2nd, 3rd and 4th metacarpal of her left hand and upon the report lodged by the present applicant a cross case bearing Crime No. 60/2005 has been registered against the complainant party for committing offence under sections 147, 148, 302/149, 307, 294 and 323 of IPC.