PAPPU ALIAS DALCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor. Case diary perused.

(2.) It appears that the petitioner and the injured Kesrilal are close relatives and they have separate portions/apartments in the same house. It also appears that on some petty disputes about erection of stone-slabs the incident took place in which two members from each side have sustained injuries. From the side of the accused, petitioner has sustained a lacerated wound on the top of his head while, his sister Smt. Heera has sustained three injuries including one injury on occipital region. From the side of the complainant, Kesrilal has sustained seven injuries out of which, injury No. 1 and 2 were described as incised wounds and injury No. 1 was found to be grievous which has been caused on fronto-parietal region of the skull. It was contended by the learned counsel that as per the prosecution case and the version given by the injured Kesrilal, petitioner was having a lathi which could not cause injury No. 1 sustained by him and which has been found to be grievous in nature. The learned counsel further contended that as per the statements of the witnesses the other accused also caused injuries on the head of injured Kesrilal and they have been released on bail.

(3.) Without expressing any opinion on the merits of the case, but, taking into consideration all the facts and circumstances of the case, including the manner in which the incident took place and the fact that members of the accused party have also sustained injuries, I am inclined to release the petitioner on bail under Sec. 439, Cr.P.C..