BIJENDRA SINGH Vs. STATE OF MP.

JUDGEMENT

(1.) THIS is first application for their anticipatory bail under section 438 of CrPC by the applicants. Crime No. 199/04 has been registered against the present applicants alongwith other four co-accused persons for committing offence under sections 147, 148, 302/149 of IPC and under section 3 (2) & (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) AS per the prosecution case, the deceased has gone to see his agricultural land when the present applicants alongwith co-accused reached there, the co-accused were armed with sticks. It is stated that the applicant No. 1 Bijendrasingh caught hold of the legs of the deceased and applicant No. 2 Sahab Singh caught hold the waist of the deceased and other co- accused started beating the deceased causing his death. The deceased is said to be the member of scheduled caste. The contention of their learned counsel is that the applicant have been falsely implicated and that they were not present on the spot. The applicants have filed photocopies of the affidavits of the complainant Nihalsingh and Shashibai, who are brother and wife of the deceased, stating therein that the present applicants were not present in the incident. In their affidavits complainant Nihalsingh has also stated that he has not mentioned the names of the present applicants in the first information report. Similarly, Shashibai has also stated that she has not named against the present applicants in her statement before the police. From the case-diary it also appears that the complainant and wife of the deceased have given an application to the Supdt. of Police, Morena stating therein that they have not disclosed the names of the present applicants and that they do not want any action against the present applicants. From the case-diary it also appears that the statements of the complainant Nihal Singh and wife of the deceased were also recorded under section 164 of CrPC before the Magistrate and these witnesses have stated clearly that the present applicants are not involved in the incident.