MUKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant Petition has been filed under Section 439 of the Code of Criminal Procedure seeking Regular Bail on behalf of the Petitioner in case FIR No.343, dated 17.10.2019, registered under Section 302 of the Indian Penal Code, 1860, at Police Station Khol, District Rewari.

(2.) Background of the matter is that on 17.10.2019 Complainant Vidhyanand reached Police Post, Dahina and informed the Police that his younger brother Jogender is lying dead near Shiv Mandir of the village. On receipt of said information, Police Party reached at the spot where the Complainant made a written Complaint to the Police regarding consumption of excessive alcohol by the deceased. On the basis of written Complaint moved by Complainant Vidhyanand, Rapat No.11 dated 17.10.2019 was registered at Police Post, Dahina. The Postmortem on the dead body was got conducted at General Hospital, Rewari and as per the opinion of the Medical Board, the cause of death was shock and hemorrhage as a result of ante mortem injury sustained at chest caused by blunt force impact. On the basis of the Postmortem Report, a case under Section 302 IPC was registered. The matter was investigated by the Police. During investigation, the Petitioner was arrested by the Police on 03.11.2019 and on interrogation, the Petitioner suffered his Disclosure Statement admitting his involvement in the present crime.

(3.) It has been submitted on behalf of the Petitioner that he has not committed any crime and has been falsely implicated in this case by the Police. It has been further urged that there is no eye-witness of the alleged occurrence and that even the Complainant while lodging the FIR had stated that in his opinion his brother Jogender who was an addict had died on account of excessive consumption of liquor.