RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition, preferred under Section 439 of Code of Criminal Procedure (Cr.PC), has been filed for grant of regular bail in case FIR No.54 of 2016, dated 04.07.2016, registered under Sections 302 and 120-B and 34 of Indian Penal Code (IPC), in Police Station, Kala Amb, District Sirmour (H.P.).

(2.) Prosecution case, in brief, is that on 3rd July, 2016, deceased Sohan Singh (husband of co-accused Sushma Rani), had not returned from his shop and his dead body was noticed by complainant Gafur Mohammad, lying alongwith motorcycle below the culvert, on 4th July, 2016 at 08.00 a.m., near Gulria bridge, when he had looked below the culvert after noticing the blood, pieces of glass, battery and mobile phone on the road. Whereafter, he informed one Satish Kumar, who, in turn, informed the villagers and on arrival of the police on the spot, his statement under Section 154 Cr.P.C. was recorded and after registration of F.I.R., investigation was carried out. During post-morterm, it revealed that deceased died as a result of shock due to ante mortem injury to brain tissue with a moderately heavy weapn leading to blunt trauma homicidal in nature. On verifying the details of mobile phones of relatives and friends of deceased, it revealed that during the night of incident at 12.31 a.m., co-accused Sushma Rani had conversation from her mobile phone bearing No.8894449439, with a person having mobile number of Haryana area, bearing No.8930892125.

(3.) On verification about Mobile No.8930892125, its sim was found in the name of Nitesh Kumar s/o Sh. Brahm Singh, resident of Jagadhari. On enquiry, the said Nitesh Kumar had disclosed that he had given this sim to his elder brother Rajesh Kumar and during those days, his brother had been using the said sim.