STATE OF MADHAYA PRADESH Vs. KAILSH CHANDR

JUDGEMENT

(1.) THE respondents, Kailash Chandra and Narecdra Kumar, and two others (Sushir Kumar and Ratnam) were arrested on 16 March 1968 on the accusation that they had committed the murder of one Basant Kumar in the night intervening the 14th and 15th March 1968.

(2.) CASE for the prosecution appears to be that Keshav, Sajandas, Has- mat Rai and Jadhav, while they were sitting and talking together, heard some sound as if some articles were being thrown from the terrace of their house were they had stacked fuel. Jadhav went to the terrace. He saw two persons there. They jumped away from the terrace on seeing him. He raised an alarm. Keshav, Sajandas and Hasmat Rai rushed to the public lane in front of their house. Jadhav also came down to join them. They found that some of their fuel had been thrown in the lane from the terrace and Sushir and Ratanam were trying to take it for being used in the "Holi" pyre near about. Sajandas forbade them and also threatened them to report the matter. They Criminal Revision No 374 of 1968 decided on 28-8-1968 (Jabalpur). D/N did not listen to him and retorted that they did not care for any report. Sajan" das proceeded to make a report to the Police. Meanwhile, Basant Kumar arrived at the scene followed by Kiran and Madhav. Basant Kumar prevented Sushir Kumar, Ratnam and others from lifting the fuel. This resulted in grappling between Basant Kumar and Sushir Kumar. The latter picked up a log of wood which was lying nearby and dealt some blows on the head of Basant Kumar, who fell down unconscious. Kiran went to the rescue of Basant Kumar but was beaten by Sushir Kumar. Madhav was also assaulted when he tried to intervene. He also fell down unconscious. In order to save Kiran, Hiralal, who reached the spot, assaulted Sushir Kumar with another piece of wood lying there.

(3.) ON 16 March 1968, Kailashchandra applied for bail. The Additional District Magistrate (judicial), Bilaspur, allowed that application on 19 March, 1968 and released him on bail. Likewise, by his order dated 22 March 1968, the said learned Magistrate released Narendra on bail.