JITENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Danish informed the Police Station Tissa on 10/8/2023 that 2-3 persons were quarrelling with his father due to which his father became unconscious. The police visited the spot to verify the correctness of the information and found the dead body of Sukhdev-Danish's father. Informant-Meenu told the police that on 10/8/2023, at around 10:30-10:45 am, she and her father were sitting in their house when Jitender came to the house and asked Sukhdev (deceased) to come out of the house to discuss something. Sukhdev came out of the house. The informant followed her father. Chain Lal, Jitender Kumar and his father Tek Chand were present near the lavatory. They inquired from Sukhdev as to why he had constructed the stairs on their land. Sukhdev told them to discuss the matter and in case it was found out that stairs had been constructed on their land, he would remove them. All of them got infuriated. Chain Lal pushed Sukhdev and he fell. Chain Lal, Jitender Kumar and Tek Chand gave beatings to Sukhdev with kicks and fist blows. The informant shouted for help. Chain Lal pushed her. He told her that she was a kid and she should stay away. Danish reached the spot and he tried to rescue his father Sukhdev but he was also beaten. Sukhdev became unconscious. Chain Lal threatened to kill Sukhdev. People gathered on the spot and found that Sukhdev had died. The police registered the FIR and conducted the investigation. The Medical Officer found a contusion on the right side of the face lateral to the eye. The police arrested petitioners Chain Lal, Jitender Kumar and Tek Chand. As per the report of the Medical Officer, who conducted the post-mortem examination, the cause of the death was acute coronary insufficiency, which could have been caused due to a scuffle or sudden provocation when the person already had a heart problem. The police prepared the challan and presented it before the Court.

(2.) The petitioners have filed the present petitions for seeking regular bail. It has been asserted that the petitioners are innocent and they were falsely implicated. They have roots in the society and there is no apprehension of their absconding. They would abide by all the terms and conditions, which may be imposed by the Court. Hence, it was prayed that the present petitions be allowed and petitioners be released on bail.

(3.) The State filed a status report reproducing the contents of the FIR and outlining various steps taken during the course of investigation.