Judgment

Mrs. Manjari Nehru Kaul, J.

The appellant is challenging the order dated 15.04.2023 passed by learned Additional Sessions Judge, Karnal whereby his application seeking the concession of bail under Section 439 Cr.P.C. in case FIR No.814 dated 10.10.2022 under Sections 302 , 34 IPC and Section 3(ii)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Civil Lines, District Karnal has been dismissed.

2. In compliance of order dated 06.07.2023, learned State counsel has filed a copy of the post mortem report of the deceased, which is taken on record subject to just exceptions. A perusal of the said report reveals that the following injuries were found on the person of the deceased:

(1) “A firm swelling of size 6 cm x 6 cm was present over the left occipital region of scalp on dissection of scalp and reflection of scalp underlying subgaleal hematoma was present at the corresponding site.

(2) A linear reddish brown contusion of size10 cm x 3.5 cm was present over the left scapular region situated 4 cm away from mid line, On dissection underlying muscles and tissues were found infiltrated with blood.

(3) A linear reddish brown contusion of size 6 cm x 3 cm was present over the left arm situated 12 cm below shoulder blade. On dissection underlying muscles and tissues were found infiltrated with blood.

(4) A linear reddish brown contusion of size 16 cm x 2 cm situated obliquely was present over the left side of middle back. On dissection underlying muscles and tissues were found infiltrated with blood.

(5) A linear reddish brown contusion of size 10 cm x 2 cm lying obliquely was present over the left side of middle back situated 2 cm below injury No.4. On dissection underlying muscles and tissues were found infiltrated with blood.

(6) One linear reddish tram track like contusion of size 12 cm x 2 cm was present on the lower back on left side. On dissection underlying muscles and tissues were infiltrated with blood.

(7) One reddish diffuse contusion of size 6 x 6 cm was present over the back in midline at the level of lumber vertebrae. On dissection underlying muscles and tissues were found infiltrated with blood and underlying bone was found intact.

(8) A diffuse reddish contusion of size 10 cm x 4 cm was present over the right side of middle back. On dissection underlying muscles and tissues were infiltrated with blood.

(9) One linear reddish blue contusion of size 15 cm x 5 cm was present over the upper border of right buttock region. On dissection underlying muscles and tissues were infiltrated with blood.

(10) One linear reddish blue contusion of size 8 cm x 4 cm was present over the upper border of left buttock region. On dissection underlying muscles and tissues were infiltrated with blood.

(11) Another diffuse reddish blue contusion of size 14 cm x 5 cm was present over the middle of right buttock region situated 6 cm below sacral spine. On dissection underlying muscles and tissues were infiltrated with blood.

(12) One diffuse reddish blue contusion of size 24 cm x 8 cm was present over the posterior aspect of right thigh. On dissection underlying muscles and tissues were infiltrated with blood.

(13) One linear reddish blue tram track like contusion of size 12 cm x 4 cm lying obliquely was present over posterior aspect of right thigh below injury No.12. On dissection underlying muscles and tissues were infiltrated with blood.

(14) One diffuse reddish blue contusion of size 23 cm x 13 cm was present over the posterior aspect of left thigh region. On dissection underlying muscles and tissues were infiltrated with blood.

(15) One diffuse reddi