SURINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This application under S. 439, Cr. P.C. has been moved by the accused-petitioner (hereinafter referred to as 'the accused') for his release on bail in case FIR No. 108/1999 dated 16-3-1999 under Ss. 302, 341, 323/34, IPC registered at Police Station, Kangra. It is claimed that the accused, who is presently in judicial custody, was arrested on 17-3-1999 along with his co-accused Kaushalya Devi and Bhagwan Dass alias Harnam Singh, both of whom have been released on bail. The accused is alleged to have given a blow on the head of one Gopal Dass with a Fatti thereby causing his death but the accused is innocent and has been falsely implicated in the case.

(2.) I have heard the learned counsel for the accused and the learned Addl. Advocate General for the State and have also gone through the investigation record and the report submitted by the police which report has been placed on record.

(3.) Case of the prosecution against the accused, in brief, is that on 16-3-1999 at about 8-45 p.m. when Gopal Dass and his wife Sureshtha Devi were returning home from their cow-shed, accused persons namely, Kaushalya Devi, Harnam Singh alias Bhagwan Dass and Surinder Kumar-petitioner threatened Gopal Dass to do away with his life. He was caught hold of by Kaushalya Devi and Harnam Singh alias Bhagwan Dass and the present accused Surinder Kumar who was carrying a wooden Kari (Serua) gave a blow with said Kari on the head of said Gopal Dass who was removed to the hospital at Kangra from where he was referred to Zonal Hospital, Dharamsala on the morning of 17-3-1999 where he died in the evening on the same day. As per the medical opinion, the deceased died due to asphyxia and neurogenic shock caused by the head injury which was sufficient in the ordinary course of nature to cause death. A perusal of the record reveals that prima facie there is evidence to support the prosecution version.