MEHTAB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE case against the petitioner is under section 307 I. P. C. and this application has been moved under section 439 Cr. P. C. THE incident out of which the case arises is occurred on 17. 5. 88 and cross-cases were registered at the police station Laxmangarh, district Sikar. On the side of the accused petitioner one person died and some 3 or 4 persons received injuries. THE injuries were caused by sharp and blunt weapons. On the side of the complainant, five persons were injured and at the time of examination the doctor reported that all the injuries were simple in nature. Later on his opinion was asked and he reported that the injury of one person on the scalp could be fatal to life. Details of the same were not given to link with the injuries but it could be said that the reference to the injuries of Hanif were emphasised.

(2.) THE learned counsel for the petitioner has brought to my notice that on the report lodged by the complainant party, the police had given a final report but later on the Magistrate has ordered to take cognizance against the petitioner and other accused and it was in pursuance of this order, the petitioner has been arrested. It has been contended that the accused persons in the case lodged by the present petitioner, have been released on bail and some of them are still absconding.