HEM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for grant of bail under Sec. 439 Cr.P.C. in case registered vide FIR No. 183 of 2021, dtd. 1/9/2021, under Ss. 302 and 506 IPC at Police Station Sadar Mandi, District Mandi, H.P.

(2.) Brief facts necessary for adjudication of the petition are that on 25/6/2021, three persons namely Pawan Kumar, Hem Raj (petitioner) and Krishan Lal were at place Kohli on 'Thatta Prashar Road' in connection with collection of stones for construction purposes. On 26/6/2021, another person named Praveen Kumar also joined them. Accordingly, all the above noted four persons stayed at Kohli in tents. They all consumed alcohol. During night, Pawan Kumar and Praveen Kumar fell down from a cliff and as a result, breathed their last.

(3.) On 1/9/2021, Smt. Dayabanti, mother of deceased Praveen Kumar submitted a written complaint to the police alleging therein that on 15/8/2021, a meeting of local residents was convened and the complainant had made inquiries from Hem Raj (petitioner) and Krishan Lal regarding the truth of the facts, which had resulted in death of Pawan Kumar and Praveen Kumar. She further informed that during such inquiry, Hem Raj (petitioner) and Krishan Lal made disclosure of true facts and had narrated that Hem Raj (petitioner) had altercation with the deceased persons and they had fallen from the cliff as a result of push being applied on them by Hem Raj (petitioner).