BASSA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Ms. Bassa, who is behind bars since 6.6.2018, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 58/18 dated 27.5.2018, under Sections 302 , 341 , 323 , 107 , 34 of IPC, registered at PS Tissa, District Chamba, HP.

(2.) Sequel to order dated 16.11.2018, passed by this Court, ASI Virender Singh, I/O, P.S. Tissa, District Chamba, HP, has come present in Court alongwith record of the case. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on Whether the reporters of the local papers may be allowed to see the judgment? the basis of the investigation carried out by the investigating agency. Record perused and returned.

(3.) Close scrutiny of the record/status report reveals that police after having received information that bail petitioner along with co- accused namely Basheer and Ehsaan Mohd. alias Mushtaq have given beatings to the complainant namely Smt. Bano widow of Shri Peer Mohd. and deceased Peer Mohd., proceeded towards the spot, however, in the way, they came to know that complainant as well as her late husband are being taken to hospital and as such, they recorded the statements of complainant under Section 154 Cr.PC in the Civil Hospital, Tissa, wherein she alleged that on 27.5.2018, she alongwith her husband, daughter and sons namely Miss Bhagu, Matlub and Imran, respectively, had gone to the fields to sow the crop of maze and when they were coming back to their house, bail petitioner along with other co-accused, obstructed their way and gave them beatings with sharp edged weapon. Complainant specifically alleged that bail petitioner namely Basso stopped their way and instigated her son Bashir to kill them. Allegedly, co-accused Basheer after being instigated by the present bail petitioner, gave beatings to the complainant as well as her husband Peer Mohd., as a consequence of which, they suffered injuries. As per the complainant, bail petitioner-Basso also gave beatings to her sons and daughter. Record reveals that medical officer at C.H. Tissa, termed injuries allegedly suffered by the complainant in the alleged incident, to be simple in nature, whereas deceased Peer Mohd. was referred to Medical College Chamba. On 27.5.2018, police after completion of necessary codal formalities, registered the case against the bail petitioner and other co-accused under Sections 341 , 323 and 34 IPC, however on 5.6.2018, police after having received information with regard to death of Peer Mohd., incorporated Sections 302 and 107 IPC in the aforesaid FIR. It emerges from the record that on 5.6.2018, Peer Mohd., expired and he was referred to PGI Chandigarh for post-mortem. Medical officer at PGI opined that "deceased died due to Craniocerebral damage consequent to injury No. 1, which is sufficient to cause death in an ordinary course of nature." After completion of investigation, police has already presented the challan in the competent court of law.