Learned A.G.A. files counter affidavit, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The accused-applicant Shiv Pata is involved and detained in Case Crime No. 20 of 2009, under Sections 304/34, 323/34, 504, 506 I.P.C., from Police Station Kumarganj, District Faizabad and she has applied for bail.
The submission of the learned counsel for the accused applicant is that on the written report of the complainant Rajit Ram Raidas, son of Ram Dayal Raidas, resident of Chaudharipur, Police Station Kumarganj, District Faizabad, the police of Police Station Kumarganj prepared NCR against the present accused applicant and two others. Later on, injured Smt. Dayawati, wife of complainant Rajit Ram Raidas died on account of injuries she had sustained in the incident and the case was converted under Section 304 I.P.C.
Learned counsel for the accused applicant contends that the cause of incident was encroachment on the village path where the complainant had collected the garbage. When the wife of the complainant objected, there had been altercation between the accused and the wife of complainant, consequently, the accused had beaten the wife of the complainant. Later on, she succumbed to her injuries. Learned counsel for the accused applicant further contends that as per post mortem examination report of the deceased, she had sustained only two injuries. The injury she had sustained on her head was found to be fatal. The next injury was abrasion which could be caused by friction. Therefore, it was a case of single blow while the accused are three in number. No prosecution witness has stated as to who out of three accused had given lathi blow on her head. Learned counsel further contends that it was a case of sudden quarrel. The accused applicant had not given any blow to the deceased either with the intention to cause her death or with the knowledge that the injuries to be inflicted would likely to cause her death. It was, therefore, hardly a case under Section 323 I.P.C. and not under Section 304 I.P.C. The accused applicant, therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused applicant and learned A.G.A.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Shiv Pata be released on bail in the aforesaid case crime number on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
07.01.2010 Sanjay/-