SAVITA @ KAVITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the first petition under Section 439 Cr.P.C., 1973 for grant of regular bail in case FIR No. 13 dated January 15, 2017 under Sections 364, 120-B, 201, 307, 302 IPC registered at Police Station Bhattu Kalan.

(2.) The petitioner was the wife of Roshan deceased who died of injuries received in a road accident. From the place of accident Roshan was taken to hospital for treatment where he remained under treatment and unfit to make statement from January 07, 2017 to January 10, 2017. On January 15, 2017 when ASI Jagdish Ram reached the hospital the injured was again declared unfit to make a statement.

(3.) The complainant Mahender Singh is the maternal uncle of deceased Roshan. He made a statement that he visited the patient on January 13, 2017 and found that Roshan had gained consciousness. Roshan narrated the whole story to Mahender Singh in the absence of any other person present in the hospital room where Roshan was under treatment and while the doctor had declared the patient unfit to make the statement. Earlier, and soon after the accident, complainant Mahender Singh made a statement to the police that he received a telephonic call from his brother-in-law Balbir who had in turn received a telephonic call from one Banshi Lal s/o Mahavir Singh who used to run an Ambulance and was informed that Roshan had met with an accident.