JOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present petition has been filed seeking regular bail under Sec. 439 Crimial P.C. in case FIR No. 375 of 2016, dated 25.11.2026 under Sections 302 of Indian Penal Code (in short 'IPC'), registered at Police Station, Nurpur, District Kangra, H.P.

(2.) Status report stands filed and record produced.

(3.) As per status report, prosecution case in brief is that on 24.11.2016 complainant along with his wife was sitting in his kitchen. At about 7:45 P.M., his nephew Joginder Singh (petitioner) entered into the kitchen under intoxication and had objected the sale of land by the complainant and had started abusing, pushing and hitting him, whereupon wife of complainant had asked not to quarrel, but the bail petitioner-accused had pushed her and due to impact of push, her head had struck with the wall and she had fallen down on the floor. By that time, complainant's son Rajesh Kumar and three daughters-in-law came on the spot and check the pulse of his wife and found that she had expired, whereupon accused was questioned by Rajesh what had he did with his mother, whereupon the petitioner/accused had replied that he had done what he wanted to do, which resulted into scuffle between the son of the complainant and petitioner/accused and accused had received injuries in his mouth. As per opinion of doctor, no definite opinion for cause of death could be ascertained, but possibility of sudden cardiac arrest due to cardiac arrhyhthmia, precipitated by alleged scuffle could not be ruled out and that injury No. 1 mentioned in PMR was contusion, caused by blunt force impact and not sufficient to cause death in ordinary course of nature, but may be contributory to precipitate arrhythmia in the compromising heart of the deceased.