DWARKU DEVI Vs. STATE OF HIMACHAL PRADESHQ

JUDGEMENT

(1.) The petitioners have preferred these petitions, under section 439 Cr.P.C., for grant of bail in case FIR No. 35 of 2014 dated 21.2.2014, registered at Police Station, Dhalli, Shimla, under sections 302, 376, 202 read with section 34 IPC. The status report has been filed by the respondent-State.

(2.) The prosecution story as emerges is that on 21.2.2014, at about 12.05 a.m., Sh. Deep Ram Sharma, driver of Tanker bearing registration No. HR- 37B-6499 reported to police station, Dhalli that when he was returning back from Bithal Rampur to Shimla, then at place Rain Shelter Sadhora, they found a lady in naked position, who was crying to save her. There was a car parked nearby in which three-four people were sitting. They did not stop out of fear. On this information, the investigation team rushed to the spot and found a dead body of a lady in a naked state. On the basis of rukka, FIR was registered. Investigating agency swung into action. There were tyre marks of vehicle found on the spot. The post mortem examination of the dead body was conducted. The visera, vaginal swab and smear were sent for chemical analysis to Forensic Laboratory Junga. The accused persons were arrested. It was revealed that accused Pankaj Modi had caused the death of lady, who was later on identified to be Chitra, by crushing her inside the wheels of Maruti Alto bearing registration No. HP-01A-2723. All the other accused persons including petitioners were also arrested for the participation in crime of alleged offence. Hence, accused persons were booked for commission of offence of rape coupled with murder of deceased Chitra in furtherance of common intention and intentionally omitting to give any information in respect of that offence which they were legally bound to give.

(3.) The prosecution has mainly relied on the statement of Kumari Anjana, recorded under section 161 Cr.P.C. to oppose the bail applications and it is alleged that petitioners are accused of having committed not only a serious but a heinous offence. It is stated that here was a case where a lady had been crying for help but was found murdered in cold blood and in a most diabolic manner because she had died as a result of crush injury. As per medical opinion, the cause of death was shock in haemorrhage as a result of multiple ante mortem injuries. All injuries described are anti mortem in nature. Not only this, there were as many as 48 external ante mortem injuries found on the deceased.