VIMAL KUMAR BAWA Vs. STATE OF H.P.

JUDGEMENT

(1.) The order will dispose of this petition under Section 439 of the Code of Criminal Procedure for the grant of bail.

(2.) It appears, a case in term of FIR No. 30 of 2001 for an offence punishable under Section 436 of the Indian Penal Code, was registered with Police Station, Jogindernagar, District Mandi, on February 7, 2001.

(3.) According to the police case, a telephonic information was received by the Station House Officer, Jogindernagar at 4.45 a.m., that STD Booth near Bus Stand has caught fire. The SHO went to the spot and recorded the statement of one Vishal Chauhan. According to the version of Vishal Chauhan, he, as usual, was sleeping in his taxi at Bus stand alongwith one Santosh Kumar and Vishal Sharma. At about 4.00 in the morning, some person woke him up and hired his taxi to village Kash. Vishal Chauhan returned back at about 4.40 a.m. from village Kash and saw that the STD Booth at Bus Stand was on fire. He woke up other taxi drivers and tried to extinguish the fire with sand and water. The fire could be brought under control with great difficulty. He informed the S.H.O. that Rakesh Kumar, who was operating the STD Booth died inside the booth due to this fire. It is on this statement of Vishal Chauhan that case for offence under Section 436, IPC was registered at Police Station, Jogindernagar. The dead body of Rakesh Kumar was sent to the Zonal Hospital, Mandi for post mortem examination. During the course of investigation, it was discovered that deceased had taken his food at Janta Dhaba at about 10.30 p.m. in the night of February 16, 2001. The spot was inspected by an expert of Forensic Science Laboratory, Junga. In view of the post mortem report and after spot inspection on February 18, 2001, an offence punishable under Section 302, IPC was added on February 20, 2001.