KASHMIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Kashmir Singh, who is behind the bars for more than 20 months, has approached this Court in the instant proceedings filed under Section 439 Cr.PC, for grant of regular bail in FIR No. 62/2019 dated 20.2.2019 under Sections 304, 201 of IPC and 27, 30- 54-59 of Arms Act, registered at Police Station Balh, District Mandi, Himachal Pradesh.

(2.) Sequel to order dated 29.09.2020, respondent-State has filed Status report, perusal whereof reveals that on 20.02.2019, complainant Smt. Satya Devi, who happened to be the wife of deceased, Whether the reporters of the local papers may be allowed to see the judgment? lodged a complaint at Police Station Balh, District Mandi, Himachal Pradesh, alleging therein that since her husband, who works with contractor, namely, Sh. Jitender Kumar did not return home till late evening, she along with her neighbours went towards village Dhanu to search her husband. She alleged that in the way her husband was found lying on the road and he was bleeding. Complaint with the help of persons accompanying her, took her husband to Medical College, Ner Chowk, Mandi, where doctor declared him brought dead. Complainant also alleged that she found 8 to 9 marks of injuries caused on the body of her husband on account of gun pellets. In the aforesaid background, FIR detailed above, came to be lodged.

(3.) During investigation, police directed the Pradhans of nearby Panchayats to inform all Arm licence holders to deposit their weapon in the police station. Allegedly, on 22nd February, 2019, persons, namely, Thakur Singh, Parm Devi, Aman Thakur, Goverdhan and Surender Pal, who had come to deposit their guns, disclosed to the police that on 19th February, 2019, present bail petitioner, had fired in Mehsera Forest from his licensed gun. On the basis of aforesaid disclosure made by the persons, named hereinabove, present bail petitioner came to be arrested on 22nd February, 2019. During the investigation, bail petitioner allegedly disclosed to the police that on 19 February, 2019, he had used his gun for hunting, but unfortunately, pellets fired from his gun hit the husband of the complainant. He allegedly also disclosed to the police that after having heard the cries of deceased, he got frightened and fled away from the spot.