GOKUL CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition for grant of bail has been filed in respect of FIR No. 37 of 2006 registered with Police Station, Jawalamukhi under Sections 304/34 IPC against the present petitioners.

(2.) THE prosecution case rests merely on the statement of Rameshwar Singh. From the material on record, it is apparent that on the evening of 5th March, 2006 deceased Kishori Lal consumed liquor with one Rameshwar Singh and Gokul Chand, one of the petitioners. Rameshwar Singh runs a small shop and he and Kishori Lai had pooled money to buy liquor. It is also in evidence that prior to this Kishori Lai had already been drinking. Thereafter, Gokul Chand came and all three of them consumed liquor and went to the Dhaba of Gokul Chand. In the meantime, Manohar Lal, salesman of the liquor vend also came there and they consumed liquor. Thereafter Rameshwar Singh took his meals and went away from the Dhaba. Next morning i.e. on 6.3.2006 the body of deceased Kishori Lai was found outside. On 13.3.2006 Rameshwar Singh made the statement to the Police. According to Rameshwar Singh next day Manohar Lai told him that on the previous night he and Gokul Chand, had a verbal dispute with Kishori Lai. At this stage even if the statement of Rameshwar Singh is accepted in its face value, what is said in the statement is that after he left, there was a dispute between the deceased and the two petitioners. They were last seen together. There is no other allegation. In case the post mortem report is looked into it is apparent that there is no external injury on the body of the deceased. No doubt there is fracture of 8th and 9th ribs and the right lung has been ruptured. There is even injury to the kidney. But there were no external injuries. The doctor's opinion is that the deceased had died due to shock caused by internal haemorrhage due to ruptured viscera. What was a cause of this ruptured viscera, is not clear.

(3.) BOTH the petitioners are directed to be released on bail on their furnishing personal bonds in the sum of Rs. 25,000/ each with one surety each in the like amount to the satisfaction of the Chief Judicial Magistrate, Kangra at Dharamshala. This bail is granted subject to the conditions that the petitioners shall not tamper with the prosecution evidence nor shall they hamper the investigation in any manner whatsoever and they shall continue to join investigation as and when called upon to do so.