IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21269 of 2008
UDAY SINGH
Versus
STATE OF BIHAR
– – – –
3. 8.7.2008 Heard.
The allegation against the petitioner
is that he dealt blow with lathi and sickle
on the deceased Gopal Singh who was a witness
in a criminal case against the petitioner.
There is support of the allegation generally
from the deceased himself who was examined in
paragraph 3 of the case diary as also from
the other witnesses.
However, the contention is that the
injuries being on such parts of the body as
could not be vital nor the Doctor could find
any internal or external injury of such a
degree of causing death, and as such there
is no cause assigned by the Doctor which
resulted into the death.
I have looked to the post- mortem
report which appears in paragraph 60 of the
case diary and the Doctor has opined that the
death was caused due to cardiac failure,
considering which let the above named
petitioner be directed to be released from
2
custody on his furnishing a bond of Rs.
10,000/-( ten thousand) with two sureties of
the like amount each to the satisfaction of
the Chief Judicial Magistrate, Jehanabad, in
Pali P.S.Case No. 27 of 2007.
Kanth
( Dharnidhar Jha, J.)