LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.127/2022, registered at Police Station Chanderiya, District Chittorgarh, for offences under Ss. 302, 307, 326 and 34 IPC and Sec. 4/25 of the Arms Act.

(2.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that in the F.I.R. lodged by the complainant - Jagdish on 8/6/2022, he stated that on 7/6/2022 at around 08:00 - 09:00 P.M., he had gone to a hotel for having dinner with the present petitioner - Laxman, co-accused - Rakesh Banjara, Dasrath, Madan, Kailash and Nanalal etc. After having dinner, all of them left for Timbuadiya. En-route, Dasrath, the present petitioner and co-accused Rakesh Banjara started fighting with each other. When the complainant intervened and tried to stop them, co-accused Rakesh Banjara stabbed him with a knife. Learned counsel submitted that in the F.I.R. it was also alleged that Dasrath Banjara succumbed to the injury while undergoing treatment in a hospital.

(3.) Learned counsel submitted that from the perusal of the F.I.R., it is evident that specific allegation of inflciting injury with a sharp weapon (knife) has been levelled against co-accused Rakesh Banjara. It was urged that the F.I.R. is indicative of the fact that it is a case of free fight which happened in the spur of the moment. It was submitted that the petitioner neither had any intention nor any motive. Learned counsel drew attention of the Court towards postmortem report of the deceased Dasrath Banjara wherein the cause of death has been mentioned as ante-mortem stab injury in the chest. Attention of the Court was also drawn towards the injury report of the complainant - Jagdish as per which he had sustained one incised wound over abdomen, which is grievous in nature and dangerous to life.