VIKAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner is lugged and locked in F.I.R No. 43/2024 of Police Station Sadar, District Banswara, for the offence under Sec. 302 of the I.P.C. He has filed this application for restoration of his liberty under Sec. 439 of the Code of Criminal Procedure, 1973 (Sec. 483 of BNSS).

(2.) According to the facts of the case, deceased Hiralal had attended a wedding in "Gadariapada Toraniya" village with his daughter Mangi. Mangi has been the root cause of the incident. A dance program was taking place during the wedding. Around 2:30-3:00 in mid-night while dancing, petitioner Vikash placed his hand on Mangi's shoulder, which was noticed by her father Hiralal. Hiralal approached Mangi and asked why she was tarnishing his reputation, then took her away. Meanwhile, Vikash came running towards Heeralal, wearing safety shoes. Upon arriving, Vikash pushed Hiralal and kicked him in the stomach. Shortly after, Hiralal complained of being unable to pass urine. He was taken to Banswara hospital and later referred to Udaipur but he died two days later. When Vikash was attacking Hiralal, several people intervened and saved him.

(3.) Shri P.R. Mehta, learned counsel representing the petitioner vehemently urged that petitioner is innocent person and a false case has been foisted against him; that entire allegations so leveled by the police against the petitioner is totally false and baseless; that nothing has been recovered from possession of the petitioner; that there is no concrete evidence to show direct nexus between the petitioner and alleged crime, rather case of the prosecution is based on surmises and conjectures instead of sound legal evidence.