RANJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an application, under section 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 52/12 dated 21.2.2012, registered at Police Station, Nurpur, District Kangra, under sections 302, 201, 147, 148, 149, 323, 325, 427 IPC.

(2.) It has been stated that as per prosecution story a telephonic information was received at Police Station, Nurpur from Up-pradhan Ravinder Kumar that during 'Bhandara at Shiv Mandir, Niari a fight had taken place. On this information, DD No. 24 was entered. It is alleged that ASI Ramesh Chand went to the spot. At about 9.30 p.m. a message was received by ASI Ramesh Chand from police station Nurpur that information had been received from civil hospital, Nurpur that one person namely Ajay Kumar has died due to injuries sustained in the fight. On this ASI went to the hospital and there he met the brother of the deceased and recorded his statement, under section 154 Cr.P.C.

(3.) The complainant in his statement has stated that on 21.2.2012 at about 9.00 p.m. a telephonic call was received by him from Up-pradhan Rajesh Kumar that his younger brother Ajay Kumar was lying in an injured condition near Shiv Mandir, Niari. The complainant and Rajesh Kumar went to the spot and found Ajay Kumar lying there. The injured was taken to hospital in the vehicle of Rajesh Kumar where the injured was declared brought dead. The complainant was told by Subhash that boys of Sandhwa had a fight with local boys. On inquiry by Rajesh Kumar, it was told by one Sudesh Kumar that on 21.2.2012 Arjun s/o Subhash had a fight with Ajay Kumar s/o Jeewan Kumar. Ajay Kumar deceased alongwith 8-9 boys had gone to inquire about the reason for the fight.