Himachal Pradesh High Court
Bhavneshwari Devi vs Of on 1 January, 2024
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP (M) No.3213 of 2023
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Reserved on : 28.12.2023
Reserved on : 01.01.2024
Bhavneshwari Devi ...Applicant
Versus
of
State of Himachal Pradesh ...Respondent
Coram
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The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. Sanjeev Bhushan, Senior
Advocate with Mr. Narender
Kumar Reddy, Advocate.
For the respondent : Mr. Tejasvi Sharma & Mr. H.S.
Rawat, Additional Advocates
General.
Virender Singh, Judge
ApplicantBhavneshwari Devi, apprehending
her arrest, in FIR No.97/23, dated 22.12.2023, registered
under Section 302 of the Indian Penal Code (hereinafter
referred to as 'the IPC') with Police Station, Janjehli,
District Mandi, H.P., has filed the present application,
Whether Reporters of local papers may be allowed to see the judgment? Yes.
under Section 438 of the Code of Criminal Procedure
(hereinafter referred to as 'CrPC').
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2. By way of the present application, the
indulgence of this Court has been sought to direct the
I.O./police of Police Station Janjehli, to release the
applicant on bail, in the event of her arrest, in the above
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noted case.
3. According to the applicant, she is an innocent
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person and having deep roots in the society
4. The applicant is apprehending her arrest in the
FIR, in question, which, according to her, is totally false,
fabricated and without any basis.
5. According to the applicant, on 22.12.2023, she
was busy with her household chores affairs, when,
someone had called her on the pretext that a person, had
fallen nearby her house. Immediately, she rushed to the
spot, where, she found number of persons gathered there,
including the younger brother and sister of the deceased.
6. It is the further case of the applicant that the
brother and sister of the deceased took him to Civil
Hospital Bagsiad. Thereafter, someone told the applicant
that the said person has passed away. On the next
morning, she came to know that the FIR, in question, has
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been registered against her.
7. On the basis of the above facts, learned counsel
for the applicant, has given certain undertakings, on behalf
of the applicant, for which, she is ready to abide by, in
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case, any direction is issued to the Police/Investigating
Officer, under Section 438 Cr.PC.
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8. Learned counsel for the applicant has also
placed on record the documents, showing that deceased
Kunji Lal and complainant Hem Singh were casting their
votes in Room No.2, Government Senior Secondary School,
Village Sangalwara, Post Office Janjehali, Tehsil Thunag,
District Mandi, H.P.
9. When put to notice, the police has filed the
status report, disclosing therein that on 22.12.2023,
complainant Hem Singh, son of Shri Ganga Ram, moved a
complaint against the applicant before I.O., Police Station,
Janjehli, mentioning therein that his elder brother Kunji
Lal was opening the door of the room, then, from the shop
Bhavneshwari Devi (applicant) came near the door and
gave push to his brother and told that why he is opening
the door.
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9.1. Due to the push given by the applicant, Kunji
Lal, fell down on the floor, upon which, complainant
objected to, by saying as to why she has given push to him
as he is a heart patient. His brother become unconscious
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and due to the fall, he has expired.
9.2. Lastly, the complainant has got recorded that
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accused was knowing the fact that the deceased was heart
patient and she has intentionally given push to him.
10. Kunji Lal was thereafter taken to Bagsiad Civil
Hospital, where, he was declared dead.
11. On the basis of the above facts, the police has
registered the FIR, in question.
12. After registration of the FIR, the police has
conducted the investigation. The dead body of the
deceased was sent for postmortem examination to Medical
College, Ner Chowk.
13. During investigation, on the basis of the
documents produced by the nephew of the deceased, it was
found that his angiography was conducted on 5.12.2023.
Kunji Lal was admitted in Civil Hospital Janjehali, with the
history of chest pain. Thereafter, he was admitted in
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Medical College, Ner Chowk, on 5.12.2023. On the same
day, he was taken to Heart Institute Mandav Gutkar,
Mandi, where, after angiography, stunting was done. Kunji
Lal remained admit till 7.12.2023. Thereafter, he came
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back to his home at Janjehli.
14. On 14.12.2023, Kunji Lal was again called for
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medical check up. On that day, after medical examination,
he was again requested to come for follow up on 4.1.2024.
It has also been found that on 22.12.2023, Kunji Lal and
his brother Hem Singh, had gone to the house of Sant Ram
to mourn the death of his brother.
15. While coming back, Kunji Lal has opened the
lock of the door of his old house at Bus Stand Shikawari,
then, Bhavneshwari Devi (applicant), had immediately
come there from her shop and given a push to Kunji Lal
and said that the house does not belong to his father.
Kunji Lal became unconscious and thereafter, he was
taken to Hospital, where, he has been declared dead.
16. It has been mentioned in the status report that
applicant is real sisterinlaw (Bhabhi) of deceased Kunji
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Lal and was aware about the fact that stunt has been
inserted in his heart, as such, with the intention to kill
him, she had given push to him. Due to the said fact,
Kunji Lal expired.
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17. Lastly, it has been apprehended that in case,
any direction is issued, under Section 438 Cr.PC, she may
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coerce the witnesses and also affect the investigation, as
she is very clever person.
18. On the basis of the above facts, a prayer has
been made to dismiss the application.
19. In the bail application, the applicant has given
her address, as resident of Village and Post Office
Shikawari, Tehsil Thunag, District Mandi. In the status
report, the address of complainant Hem Singh, who is
younger brother of deceased Kunji Lal, has been shown as
resident of VPO Shikawari.
20. In the status report, it has specifically been
mentioned that Kunji Lal was having his old house at Bus
Stand Shikawari, which is adjacent to the shop of the
applicant.
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21. Considering the stand of the police, according to
which, the applicant is not stranger, but, real sisterinlaw
of Kunji Lal and deceased Kunji Lal was admitted at Civil
Hospital Janjehali, on account of chest pain on 5.12.2023,
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from where, he was referred to Medical College, Ner Chowk,
thereafter, he was taken to Heart Institute Mandav Gutkar,
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District Mandi, where, stunting was done, this Court is of
the view that the police has every right to investigate the
matter and in case, any direction is issued, certainly, the
police will not be able to find the truth.
22. The investigation is at the initial stage and in
case, any direction is issued under Section 438 Cr.PC, it
would be nothing, but, interference in the investigation of
the case, which is not permissible under the Law.
23. So far as the documents, which have been
placed on record by learned counsel for the applicant, are
concerned, from these two documents, one thing is clear
that Kunji Lal and Hem Singh had cast their votes in room
No.2,Government Senior Secondary School, Village
Sangalwara, Post Office Janjehali, Tehsil Thunag, District
Mandi, H.P. These documents seem to have been placed
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on record, with a view to demonstrate that Kunji Lal and
Hem Singh were not residents of Shikawari, but, nothing
could be made out from the documents, except that they
were casting their votes at the Polling Booth, as mentioned
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in these documents.
24. Considering all these facts, the applicant is not
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able to make out a case for issuance of any direction under
Section 438 Cr.PC., and the application is accordingly
dismissed.
25. Any of the observations, made hereinabove,
shall not be taken as an expression of opinion, on the
merits of the case, as these observations, are confined,
only, to the disposal of the present bail application.
( Virender Singh )
Judge
January 01, 2024(ps)
