VARINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant bail petition filed under Section 439 of the Code of Criminal Procedure, a prayer has been made for grant of regular bail in case FIR No. 246/2017, dated 10.8.2017, under Sections 302, 341, 323 read with Section 34 and 109 IPC, registered at Police Station, Sadar, District Una, Himachal Pradesh.

(2.) Sequel to order dated 5.12.2017, ASI Vijay Singh, Police Station Sadar, District Una, has come present in Court alongwith the record of the case. Mr. P.M. Negi, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Careful perusal of the record/status report, suggests that FIR, as mentioned hereinabove, came to be registered against the bail petitioner and his two sons namely Sheetal and Mohit at the behest of complainant Satyem Sharma, who in his statement recorded under Section 154 Cr.P.C., on 10th August, 2017, stated that he and his father along with family, resides at Delhi Colony Chatara, District Una, for the last 6 months and is doing business of readymade garments. On 10th August, 2017, at about 6.30 P.M., when he along with his brother Shivam had gone to buy milk from shop at Chatara on his Motorcycle bearing No. PB08AD5468, two sons of bail petitioner stopped them and started giving them beatings, on the pretext that they have come from outside and indulging in vandalism. Though, complainant and his brother tried to pacify them but they gave beatings to them with dandas and brick, as a result of which, complainant and his brother suffered grievous injuries. Subsequently, complainant and his brother Shivam, were taken to hospital where, unfortunately, brother of complainant namely Shivam succumbed to his injury. On the basis of aforesaid statement recorded under Section 154 Cr. P.C, formal FIR, as detailed hereinabove, came to be lodged against the accused Sheetal, Mohit and the present bail petitioner for commission of offence under Section 341, 323, 504, 34 and 109 IPC. Since, victim namely Shivam died after lodging of aforesaid FIR, case under Section 302 of IPC was subsequently registered against the bail petitioner and his two sons.