KAILASH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) This is a bail application under Sec. 438, Cr.PC., and the accusation against the accused-applicant, is for offence under Sec. 307 IPC.

(3.) In this case, the bail application under Sec. 438, Cr.PC., of the co-accused, Ashok, was dismissed by this Court, on 8.2.99. Co-accused Ashok is stated to have inflicted the injuries to Krishna Kant, witness Smt. Gulab has also stated that Ashok inflicted injuries to her also. Thus, Ashok has inflicted the injuries to the two injured, namely, Krishna Kant & Smt. Gulab, whereas, the accused-applicant, Kailash Chand has inflicted injuries to injured Ramesh only. In this way, the case of co-accused Ashok, is distinguishable from that of the accused-applicant, Kailash Chand. The accused-applicant, Kailash Chand, is stated to have inflicted injuries to Ramesh, with a Pharsi, a sharp-edged weapon. But, the medical evidence shows that injured Ramesh sustained injuries from some blunt weapon. This shows that the accused-applicant inflicted injuries to Ramesh, with a sharp-edged weapon, using it from its blunt side. Where a sharp-edged weapon has been used from its blunt side, it is difficult to infer that the intention was to cause death.