AHSAAN MOHAMMAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Ahsaan Mohammad @ Mushtak, who is behind the bars since 5.6.2018, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.58 of 2018, dated 27.5.2018, under Sections 341, 302, 323, 107 read with Section 34 of IPC, registered at police Station, Tissa, District Chamba, Himachal Pradesh.

(2.) Pursuant to order dated 9.9.2019, ASI Pradeep Kumar, has come present alongwith the record. Mr. Sudhir Bhatnagar, learned Additional 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.) Record/Status report made available to this Court reveals that complainant namely, Smt. Bano widow of Sh. Peer Mohammad, in her statement recorded under Section 154 Cr.P.C., 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 maize and when they were coming back to their house, bail petitioner alongwith other co-accused namely, Bassa and Bashir, obstructed their way and gave them beatings with sharp edged weapon. Complainant, named hereinabove, specifically alleged that co-accused namely, Bassa stopped their way and instigated her son Bashir to kill them. Coaccused Bashir after being instigated by the above named accused Bassa gave beatings to the complainant as well as her husband Peer Mohammad, as a consequence of which, they suffered injuries. Record reveals that medical Officer at CHC Tissa, termed injuries allegedly suffered by the complainant in the alleged incident, to be simple in nature, whereas deceased Peer Mohammad was referred to Medical College, Chamba. Police after completion of necessary codal formalities, registered the case against the bail petitioner and other coaccused, named hereinabove, under Sections 341, 323 and 34 IPC, but subsequently on 5.6.2018, police after having received information with regard to death of Peer Mohammad, inserted Sections 302 and 107 IPC in the aforesaid FIR. Record further reveals that on account of the injuries suffered by Peer Mohammad, he was referred to Dr. Rajender Prasad Government Medical College, Tanda and thereafter to PGI, Chandigarh, where he remained admitted for 5 to 6 days. On 5.6.2018 Peer Mohammad expired. Medical Officer at PGI Chandigarh 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". Challan stands filed in the competent Court of law. Statement of the complainant has also been recorded in the trial Court, copy whereof has been placed on record.