RASNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 438 of the Code of Criminal Procedure by the petitioner, seeking anticipatory bail in case FIR No.129 dated 22.09.2020, under Section 302 of the Indian Penal Code, registered at Police Station Sadar Rewari, District Rewari.

(2.) Reply filed by Ld. State Counsel, through e-mail, by way of an Affidavit of the Deputy Superintendent of Police, Rewari, District Rewari, along with copies of the DD Entry No.19, dated 17.09.2020 (Annexure R-1), in compliance of the last order. Post Mortem Report of the deceased (Annexure R-3) is also filed along with the Reply; Be taken on record.

(3.) Heard Ld. Counsel for the parties. FIR was drawn up on the complaint of Sher Singh, father of deceased Laxman Singh, on 22.09.2020. It may be mentioned that an Unnatural Death case, concerning the matter, had already been started by way of the DD Entry No.19, dated 17.09.2020 (Annexure R-1), on the basis of information given by the complainant himself. However, in the formal complaint, submitted five days later, the complainant mentioned that he had not referred to all the facts in his original communication as he was mentally upset due to the sudden death of his son. Comparison of the contents of DDR and FIR do not disclose any major contradiction regarding the facts and circumstances in which death of the complainant's son came to be known to him in the morning of 17.09.2020.