RAVISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Ravish Kumar, the petitioner herein, prays for anticipatory bail under Sec. 438 of the Code of Criminal Procedure in case registered with the Police Station, Reckong Peo on 19-11-2001, for offences punishable under Sections 302 and 201 of the Indian Penal Code in terms of FIR No. 56 of 2001.

(2.) It appears, on the afternoon of 19th Nov. 2001 Naresh Kumar, Head Master of Government Middle School, Kothi, was informed about a dead body lying in the unused septic tank of the School. He inturn informed Harish Chand Negi, President of Gram Panchayat, Kothi, on telephone, about this discovery. Harish Chand reported the matter to the Police at about 4.40 PM on the same day. The Station House Officer, Rockong Pee along with other police officials immediately visited the spot. He found that a dead body, covered with refuse, with legs protuding was lying in the septic tank. The dead body, after taking photographs, was taken out of the septic tank. The clothes worn by the body were soiled with blood. There was an injury of 2 to 21/2 inch on the left cheek. The body was identified to be that of Sanjeev Kumar by Vidya Singh his father. Post mortem of the dead body was conducted by Dr. G.K. Sharma and Dr. Subhash Chand, Medical Officers, Tehsil Hospital, Reckong Pee. The body had multiple fracture of left side of mandible , maxilla and left zygounaltic bone and nasal bone. The Doctors also found that base of skull of the left side involving middle cranial fora, cribriform plate ethmoid and speneri bone was fractured with laceration of underlying meninges and brain matter with surrounding haemetoma. In the opinion of the Doctors the deceased "died due to the head injury", the opinion was subject to the report of the Chemical Analysis of the viscera and blood.

(3.) During the course of the investigation it was found that Ravish Kumar, the petitioner, was missing from the village from 19th Nov. 2001.