MOOL CHAND ALIAS MURLI Vs. STATION RENEWAL JAIPUR

JUDGEMENT

(1.) BY this criminal miscellaneous petition, the petitioners seek to challenge the order dated 5-9-2008 (Annexure-8), passed by the learned Additional District and Sessions Judge, Sambhar Lake, District jaipur. The learned Court below while allowing the application under Section 439 (2)Cr. P. C. filed by the prosecution, cancelled the bail granted to the petitioners in FIR No. 138/2008, Police Station Renwal, District Jaipur.

(2.) BRIEFLY stated, the facts of the case are that one Bhagwan Sahai lodged a report on 17-6-2008, in respect of an incident, which had taken place on 16-6-2008. The said report was registered as FIR No. 138/2008 at Police Station, Renewal District jaipur for the offences under Sections 143, 341, 323, 447 and 379, IPC. Thereafter, the investigation commenced and on conclusion of the same, police filed challan on 7-7-2008 for the offences under Sections 341, 323 and 325, IPC. The offences being bailable one, the petitioners were released on bail on 7-7-2008 (Annexure-1 ).

(3.) IN this case, the injured namely Smt. Jamna Devi was given medical aid in the hospital at Renewal wherefrom she was referred to SMS Hospital, Jaipur on 17-6-2008. Subsequently, the injured was discharged from hospital on 1-7-2008. The injured was re-admitted in SMS Hospital, jaipur for treatment but she succumbed to her injuries and died on 3-8-2008. After the death of the injured, the complainant filed an application to the police, who had then prepared a Panchnama and also got the post-mortem conducted through a Medical board. As per the opinion given by the Medical board, in the post-mortem report, the cause of death was septicemia as a result of ante-mortem injuries. Therefore, according to the Investigation Agency, an offence under section 302, IPC was found to be made out in the case.