SONU @ ALPESH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) According to the prosecution case, complainant has lodged a report that he came to ice cream shop, his brother Dilip and friend Sunny @ Parwinder, Balwant Singh and Amjad were sitting near the ice cream shop. Santosh Kaushal came on scooter and dispute took place between Santosh and Dilip with regard to payment of Rs.1,50,000/- and rent of the shop. Santosh left the place after some time Santosh Kaushal telephoned Dilip and asked him to come near baba cycle service for setting the account, then Santosh went on foot, Sunny, Amjad and Balwant also followed him but complainant suspected some quarrel then he also reached near Baba cycle service where he saw that Santosh and his Associates Sharad Gehlot, Jeevan and Sonu were surrounding Dilip and gave beating. Santosh gave knife blow on the abdominal area, Dilip tried to save himself and started running, then Shard Gehlot also gave a knife on the thigh of Dilip, Jeevan gave knife blow on thigh of another leg of Dilip and causing grievous injuries. When complainant and Sunny, Balwant, Amjad rushed to save Dilip, Sonu chased them thereafter all the accused persons assaulted by piece of stones causing injuries to Sunny, Balwant and Amjad. Complainant narrated the incident to father and mother and also the wife of Dilip and took Dilip to Hospital. Dilip died during treatment. The report was lodged.

(3.) Learned counsel for the applicant submits that applicant has not committed any offence and he has been falsely implicated in the FIR which has been lodged by the brother of the deceased. It is mentioned that Sonu armed with knife rushed to assault. Similar allegation has been made against co-accused Sharad chouhan who has been granted bail. It is further submitted that knife has been seized from the applicant as well as Sharad Gehlot but no blood stains have been found. Both the injuries are alleged to have been caused by Santosh Kaushal and Jeevan Kaushal. There is no allegation against the applicant for causing knife injury, in such circumstances the applicant be released on bail.