Bhullan Singh vs State of Uttaranchal

P.C. Verma, J.—Heard Learned Counsel for applicant and learned Government Advocate.

The applicant is facing prosecution for an offence u/s 302 I. P. C. the weapon assigned in the hand of the applicant is ''Gandasa'' but the role assigned to the applicant in the F.I. R. is perusal of F I.R. it comes out that the death was caused on account of chopping of the head of the deceased by "Tabal" by co-accused Dharmbir. From the medical report it transpires that the deceased has received four injuries. Therefore, there is contradiction in the F I.R. as well as medical report. However, this is the subject matter to trial. The contradiction as noticed creates a doubt with regard to the presence of the applicant. Therefore, the applicant Bhullan Singh is released on bail in case Crime No. 23/ 2001, u/s 302/34 I.P.C. and Section 3(2)(5) SC/ST Act, R S. Laxer, District Haridwar, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of C.J. M. concerned.

However, this order shall not be taken in to account at the time of trial by the Sessions Court.