SACHIN CHAUDHARY Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, the petitioner has prayed for grant of bail under Sec. 439 Cr.P.C. in case FIR No. 21 of 2022 dtd. 8/2/2022, registered at Police Station, Kangra, District Kangra, H.P. under Ss. 302, 201, 504 read with Sec. 34 of IPC.

(2.) On 8/2/2022, a telephonic information was received at Police Station Kangra, District Kangra, H.P. that two brothers namely Vijender @ Pepsi and Suraj had a fight. Police visited the spot and recorded statement of Sh. Jasbir under Sec. 154 Cr.P.C. to the effect that the complainant was a retired Assistant Engineer from Electricity Department. The house of Nimi Devi was in front of his house. Nimi Devi had two sons from two different marriages and their names were Suraj Kumar and Vijender @ Pepsi. Nimi Devi with her two sons was residing there. During the intervening night of 7th and 8/2/2022 at about 12.30 a.m. complainant was sleeping in his house. He heard commotion from the house of Nimi Devi. He went out and noticed that Vijender @ Pepsi and Sachin Chaudhary (petitioner) were inflicting flows on Suraj Kumar and were abusing him. Vijender @ Pepsi and petitioner were habitual of raising fights in routine. Both of them i.e. Vijender @ Pepsi and petitioner caused injuries on the person of Suraj Kumar by repeatedly striking him against metalled road. Blood had started flowing on the road. In the meanwhile, Nimi Devi came out and asked Vijender @ Pepsi and petitioner to leave Suraj Kumar, as he was dead. Both the accused persons pushed Nimi and stated that Suraj Kumar was not dead as yet. During this period, Vijender @ Pepsi called someone on phone and was heard saying 'that you called yourself paternal aunt of Suraj and you use to caution Suraj that he should not come before us because we will kill him and today we have killed him and his body is lying on the road'. Thereafter, both the accused persons dumped the body of Suraj in the vehicle and removed from the place of occurrence. Later when Vijender @ Pepsi came back with vehicle. Complainant asked him as to whether Suraj had grievous injuries, accused Vijender @ Pepsi did not reply and simply pointed out towards the vehicle and the body was lying therein.

(3.) During investigation, the police has collected evidence against Vijender @ Pepsi and petitioner. The statement of the complainant is stated to have corroborated by scientific evidence. Injuries were also found on the hands, specially knuckles of the accused persons. Their blood stained cloths were recovered. It is further alleged against the accused persons that when they had taken the injured Suraj to hospital, they had given false version that the injuries were suffered by Suraj in accident.