ROHIT PATHAK Vs. STATE

JUDGEMENT

(1.) Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Rohit Pathak in Crime No.34/2017 registered by Police Station -Badhwara, District-Katni under Sections 302 read with Section 34 of the I.P.C.

(2.) As per prosecution case, petitioner Rohit Pathak is real brother of deceased Janardan Pathak. There was previous enmity between them. Petitioner used to fight with his brother Janardan Pathak and used to accused him of ruining his life. He had fought with Janardan Pathak on the morning of the incident also. At about 09:00 p.m. on 26.01.2017, deceased Janardan Pathak was passing through the field of the petitioner Rohit; whereon, Rohit accosted him and accused him of getting his motor-pump stolen and ruin him. After that, he struck a blow with a bamboo stick upon the head of deceased. As a result of which he fell down. After that, co- accused Shyamlal also delivered a blow of bamboo stick upon the deceased. Subsequently, petitioner Rohit delivered several blows with a pickaxe upon the deceased. As a result, he died on the spot.

(3.) Learned counsel for petitioner submits that there is no eye- witness to the incident. The prosecution case is entirely based upon the circumstantial evidence. The only evidence that is available against the petitioner is his disclosure statement made under Section 27 of the Evidence Act. Pursuant to aforesaid statement, a Jacket, a bamboo stick and a pickaxe has been recovered from his possession. As per the FIR, blood stains on pickaxe and jacket were disintegrated; therefore, their origin could not be ascertained. Petitioner has been in custody since 28.01.2017, therefore, it has been prayed that the petitioner be released on bail.