MANOHAR VISHWAKARMA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of petitioner Manohar Vishwakarma in Crime No.180/2014 registered by P.S. Surkhi, District Sagar under sections 302 , 397 of the Indian Penal Code.

(2.) As per the prosecution case, deceased Manju @ Manoj, who was a driver on a truck had gone to the Stone Crusher machine to collect gravel at about 2 a.m. on 17-6-2014. Since the gravel was not available, he waited in the truck in the same premises. At about 5:00 p.m. the next day, he was found dead in the truck.

(3.) Learned counsel for the petitioner has submitted that there is no direct evidence in the case and it is based entirely upon the circumstantial evidence. The only circumstance that is appearing against the petitioner is that he worked as cleaner in the same truck; however, there is no evidence that he had actually accompanied the deceased to the stone crusher machine in the night before the body was discovered. Learned panel lawyer for the respondent/State on the other hand has submitted that the supervisors of the stone crusher machine, namely, Dharmendra and Shivdayal have stated that the deceased had arrived at the machine along with cleaner Manohar.