GAURAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this 2nd petition is for grant of regular bail to the petitioner under Sec. 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.42 dtd. 11/1/2020, for offence punishable under Ss. 148, 149, 323, 302, 506 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Shivaji Nagar, District Gurugram.

(2.) Brief facts of the case are that the FIR was registered with the allegations that on 10/1/2020, the police received an information that a girl namely Rukmani was brought dead to the General Hospital, Gurugram and when the police reached there, the statement of the injured/complainant Prabhu Deva was recorded in which he has stated that one Dinesh has earlier given beatings to his brother Sarvan and threatened with bad consequences as he has enmity with them. On the date of occurrence, Dinesh along with his friend Rohit, Parveen, Rajesh, Ankit, Lala, Brij Mohan and Monu along with some other unknown persons, came to his house, armed with iron rods, pipes and dandas. They asked the complainant Prabhu Deva to send his brother out of the house, on which his sister Rukmani came out of the house and tried to persuade Dinesh and his companions by saying that Sarvan is not at home. On hearing this, Dinesh and his companions started giving beatings to the complainant and his sister. Rohit gave blow of iron pipe on the face of the sister of the complainant and she became unconscious and fell down. Thereafter, Dinesh and Rajesh hit the complainant with sticks. In the meantime, Sarvan also reached at the spot and thereafter, the accused persons ran away from the spot. The complainant and his brother Sarvan took their sister Rukmani to the hospital where she was declared brought dead. As per the post-mortem report, the cause of death was head injury, which was ante mortem in nature. It is further submitted that the petitioner is in custody for the last 02 years, 06 months and 07 days and out of 24 PWs, only 08 PWs have been examined, so far.

(3.) Counsel for the State on the basis of the affidavit of the SHO, Police Station Shivaji Nagar, Gurugam, after verification of the facts given in the FIR, submits that as per the post-mortem report, the deceased died due to head injury, which was found ante mortem in nature and as per the FSL report, the blood stains on the worn clothes of the deceased were matching with the blood sample of the deceased.