GHANSHYAM Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this second application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioner Ghanshyam in Crime No.177/2017 registered by Police Station Samnapur, District- Dindori, under Sections 302 , 201 and 120-B of the IPC.

(2.) His first application for the same relief was dismissed by order dated 15.09.2017 passed in M.Cr.C.No.14771/2017.

(3.) As per the prosecution case, at about 8:30 p.m. on 04.05.2017, petitioner co-accused Santosh had gone to attend the marriage of his sister-in-law in his in-laws house. At that time, the deceased was found in the house in a suspicious condition; therefore, Santosh had detained him till 3:00 a.m. in the night; however, at that time seizing the opportunity, the deceased escaped. At about 5:00 a.m. on 5.5.2017, Santosh learnt that the deceased was found in the house of accused Ghanshaym Vanvasi; therefore, he went to Ghansyam's house; where he found that Ghanshyam was beating the deceased with a shovel and Bhage Lal with hands and fisticuffs. Co-accused Santosh also assaulted the deceased with kicks and fisticuffs, whereon, the deceased ran away. All three accused persons Ghanshyam, Santosh and Bhage Lal chased the deceased and caught up with him. They also beat the deceased with hands, fisticuffs and shovel at that spot. When the deceased died, they concealed his body near the embankment of the field from where the dead body was recovered on 10.5.2017.