GHAN SHYAM Vs. BHERU LAL

JUDGEMENT

(1.) THIS is an application for cancellation of bail. The non-applicant Bherulal was granted bail by the learned Sessions Judge, Pratapgarh, Camp Chittorgarh by his order dated 8. 7. 1986 for an offence under section 307 l. P. C. The offence is alleged to have been taken place on 20th April, 1986. It is said that the victim Shri G. S. Agrawal Manager of J. K. Cememt Factory, Nimbahera had gone to the market for buying vegetables along with his wife at about 6. 30 p. m. on 20th April, 1986. The accused opened an attacked on Shri Agarwal with a long dagger. The victim fell down on the spot on account of several injuries sustained by him on his head and other parts of the body. The accused tried to run away from the spot but the police constables who were on 'patrolling duty' arrived at the spot and the accused non-petitioner was caught red handed at the spot. Report of the occurrence was lodged by one Ratanlal Sahu at 6. 40 p. m. at the police station, Nimbahera and a case under sec. 307, IPC was registered against the accused. Investigation was conducted and during investigation the victim was medically examined. The victim sustained the following injuries: (1) Incised wound-left side face to left temporal region, extending from lateral part-left lateral continued to 1" above the level of left ear size 4-1/4" x 1/3" muscle deep margine clean out bleeding; (2) Incised wound 7" x 1/2" bone exposed left side face to left perieto occipital region. Margie clean out bleeding; (3) Incised 6° x 1/3" bone deep extending from right side chin to left side face upto ear margin clean out; (4) Incised wound 3" x 1/4" skin deep right side occipital lower part; (5) Scratch obrasion 3" x 1/2" over abdomen just above umblicuslongi-tudely placed;

(2.) X-Ray examination wrs also done. The X-Ray examination revewed that there were fractures of right and left sides of mandible region. There was a facture of parieto temporal region on skull. There was a fracture of left sygomn. As per the Medical Officer the skull injury was dangerous to the life. However, two 'injuries No. 1 & 3 described in the X-Ray report were found to be grievous in nature. The perusal of injury report and X-Ray report would show that the assailants availed primarily on the head and the face, the most vulnerable part of the body. The dimensions of the injuries range fronie. 3 inches to 7 inches in length and the injuries have been found on the left temporal region, left per to occipital region and on the right side of the occipital region. According to the complainant he remained hospitalised and he received treatment at various places. He got his treatment at Jaipur, Indore and Delhi and before that he was treated at Udaipur. For his present condition an affidavit of Dr. Ashok Kumar has been placed on record who is a Medical Officer in J. K. Cement Works at Nimbahera. From his affidavit it would appear that he examined the victim on 20th January, 1987. According to him the hearing of right ear has been permanently impaired on account of injury on the left side of the head. As a result of the fracture of the mandible, the lower jaw has been permanently displaced and there is difficulty in eating hard substances and severe pain occurs of and on the temporal region. His gait has been affected as he cannot walk in a straight line and staggers while walking.

(3.) IT may be stated that there is growing tendency to take law in one's own hand Resorting to violence has become an ordinary thing and people do not hesitate resorting to violence with deadly weapons. The growing tendency has to be curbed by strong arms of law. The act of the assailant in the present case appears to be most brutal, devilish and diabolic. Courts should be very caution. While granting bail they should consider the facts and circumstances of the case and if any factual aspect arises for consideration, they should ascertain the truth or otherwise of the factual aspects. Great responsibility lies on the shoulders of the Courts in the present day social context where violence is on the increase.