CHARAN DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 228 of 2016, dated 08.12.2016, under Sections 302, 341, 323, 325 and 504 IPC read with Section 34 IPC, registered at Police Station Rampur, District Shimla, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 08.12.2016 police recorded the statement of injured Ram Singh, who was admitted in MGMSC, Khaneri. He, in his statement, alleged that on 08.12.2016 he went to the orchard of one Shri Durga Singh for pruning. In the evening, when he was returning and reached near Serigad nalla, the petitioner started abusing him. In the interregnum, his brother, who is a shepherd, reached there and the petitioner continued to abuse them from his house. The son of the petitioner gave beatings to them with a stick and the petitioner pelted stones on them. Due to the beatings they received injuries. The police got the complainant and his brother (Shri Shyam Singh) medically examined. Police also prepared the spot map and took into possession stones stained with blood. The statements of the witnesses were also recorded. As per the medical report qua injured Shyam Singh, it was opined by the doctor that "injury sustained is dangerous to life", so section 307 was added. The age of the son of the petitioner, who is co-accused, on the day of occurrence was 16 years nine months and sixteen days. The petitioner was arrested on10.12.2016. It was unearthed during the examination that the petitioner and his son gave beatings to the complainant and his brother (Shri Shyam Singh) and to rescue them sister and father of the complainant intervened. The petitioner bit the finger of the sister of complainant and he also bit the ear of father of the complainant. On 12.12.2016 the brother of the complainant, Shri Shyam Singh, succumbed to his injures, so section 302 was added. As per the prosecution, during the course of investigation, scientific evidence was collected and the same was subjected to chemical examination at SFSL, Junga, and the report wherefrom is as under: