KAMLESH KUMAR @ KAMLU Vs. STATE OF H P

JUDGEMENT

(1.) Present petition has been filed under Sec. 439 Crimial P.C. seeking regular bail in case FIR No. 71 of 2018 dated 24.7.2018 registered at Police Station Arki under Sections 304, 341, 323, 504 and 506 IPC.

(2.) Status report stands filed and record also stands produced, perusal whereof indicates that a quarrel had taken place on 24.7.2018 between deceased Ganpatu Devi and accused Kamlesh on the issue of cleaning of Kuhal (water channel) which has started with abusing each other and resulted into causing injuries to deceased Ganpatu Devi, whereupon deceased Ganpatu was taken from the spot to hospital for treatment and on the basis of information received from the hospital, police had rushed to hospital and on the basis of statement made by her daughter-in-law Leela Devi, the case was registered against petitioner Kamlesh.

(3.) The said Ganpatu had succumbed to injuries during her treatment on 25.7.2018, whereupon Sec. 304 Penal Code was also added in the case on the basis of evidence. It is also submitted on behalf of the petitioner that incident had not taken place as reported to the police by Leela Devi and a complaint was also filed by Kanta Devi, mother of petitioner, before Sub Divisional Magistrate (Civil) Arki against deceased Ganpatu Devi. As per status report, the said complaint has been received and recorded as rapat No 36 on 24.7.2018.