DHARMINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Sec. 439 of the Code of Criminal Procedure seeking their release in case FIR No. 277 of 2018, dtd. 8/6/2018, under Ss. 302 and 120B IPC, registered in Police Station, Una, District Una, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to Whether reporters of Local Papers may be allowed to see the judgment tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 8/6/2018 police received information that near brick kiln, Pirnigah Road, a person is lying dead. Acting upon the information, police team rushed to the spot and one Aman (complainant) got his statement recorded under Sec. 154 Cr.P.C. As per his statement, on 7/6/2018, at about 06:30 p.m., he saw his uncle (taya) Kushal Kumar (the deceased) taking liquor with the petitioners and one Ravinder Kumar. He asked his uncle to move towards the home, but petitioner Dharminder Singh told him that they will take more liquor. On the subsequent morning, at about 07:40 a.m., one Devender Kumar informed the brother of the complainant on phone that the dead body of the deceased is lying in the field. They went to the spot and saw that the deceased had sustained a deep injury on his ear. The complainant has further stated that earlier petitioner Dharminder was found roaming with a lady, so he spent a night in jail. Petitioner Dharminder was apprehending that the deceased had complained against him. The complainant raised a suspicion that petitioner Dharminder alongwith his accomplices murdered the deceased. On the basis of the statement of the complainant, police registered a case and the investigation ensued. Police lifted the scientific samples from the spot of occurrence, recorded the statements of the witnesses and prepared the spot map. Police recovered a brick stained with blood, a pair of slippers, a wrist watch, a broken shoelace, three bottles of liquor, a bottle of coca cola, bottles of soft drink, bottle lids, two glasses of plastic, two empty wrappers of bidi, two empty wrappers of chips and two empty wrappers of namkeen, which were taken into possession. Postmortem on the dead body of the deceased was conducted. On 8/6/2019, the petitioners alongwith their accomplice, Ravinder Kumar, were arrested and they were medically examined by the doctor. The clothes of the petitioners and Ravinder Kumar were taken into possession. During the course of investigation, accused Ravinder Kumar made a disclosure statement to the police, whereby he got identified the spot of occurrence. As per the medical opinion, the cause of death is B/C chest wall trauma associated liver injury caused by blunt force impact.