ORDER

third grant of bail. First two applications M.Cr.C.No.33382/2002 and M.Cr.C.No.38729/2022 were dismissed as withdrawn vide order dated

15.07.2022 and 18.08.2022 respectively.

The applicant was arrested on 27.09.2021 in connection with Crime

No.467/2021 by Police Station Civil Line, District Morena (MP) for the offence punishable under Sections 307, 323, 294, 147, 148, 149, 397, 325, 302 of IPC,

Section 11/13 of MPDVPK Act and Sections 25/27 and 30 of Arms Act. In brief, the prosecution case is that on 24.07.2021 at 9.10 A.M., complainant Vishnu S/o Rajman lodged a dehatinalshi at District Hospital, Morena with Assistant Sub Inspector Laxman Singh Gaur of Police Station Civil Line, Morena against applicant/accused Dhruv Gurjar Gurjar and eight others alleging that in the morning at 5 A.M., he alongwith his father Rajman, brother Radhe, Ramhari were sleeping outside the house, due to previous enmity, accused Laxman, Jayram, Dhruv, Jagdish, Girraj, Ramdeen, Sathe @ Satyabhan, present applicant/accused Raghuraj Gurjar, Ramniwas Gurjar having lathis and guns in their hand came over there. They started abusing his father with filthy languages, when his father objected for giving of obscene words, at Laxman Jayaram Dhruv father. Due to which blood was started oozing out. Thereafter, all the three Laxman, Jayaram, Dhruv brother Radhe and Ramhari due to which they got injuries over the body. Thereafter, accused Girraj, Jagdish, Ramdeen, Sathe @ Satyabhan, present applicant/accused Raghuraj and Ramniwas had also assaulted on him, his father, brother Radhe and Ramhari with lathis, due to which they also got injuries. On their hue and cry Tikaram and Bunti and other persons came on the spot and saw the incident. While going from the place of occurrence they snatched licenced guns from their house.

Thereafter, all the injured persons were brought to District Hospital,

Morena, by tractor. There treatment has started. On his report, dehatinalshi bearing Crime No.0/21 under Sections 323, 294, 307 147,148,149 of IPC was recorded. All the injured persons were medically examined. As per MLC done soon after the incident at 7.40 -7.58 A.M., doctor who examined Radhe and Rajman and Vishnu and Ramhari found lacerated wounds in number in 6,8,7 and 12 over the body of injured persons and opined that all the injuries. During treatment Radhe and Rajman died. Their postmortem was conducted. During postmortem of Radhe, doctor found 25 lacerated abrasion injuries and given opinion that cause of death was hemorrhage due to multiple injuries which were caused by hard and blunt object, therefore, he died. Similarly, in case of Rajman, he found 11 lacerated incised wound and is of the opinion that all the injuries were caused by hard and blunt object. He also died due to hemorrhage of multiple injuries. Nowhere, doctor conducted autopsy as mentioned about the fire arm injuries. Despite in dehatinalshi, there are allegations against accused Laxman, Dhruv and Jayaram. They repeatedly fired deceased and the injured persons with guns. After investigation, charge-sheet has been submitted.

Dr. Keshav Sharma, Medical Officer, District Hospital, Morena who conducted MLC and Dr. Sarthak Juglan MD (FMT) was present in person at the time of hearing of M.Cr.C. No.50067/2022 which was decided on

24.11.2022.

After going through the post-mortem reports, Dr. Sarthak Juglan MD

(FMT) has given opinion that he has not found any gunshot injuries on the body of both the deceased persons. Dr. Keshav Sharma, admitted his mistake that due to rush of work, he has mentioned in the MLC that the aforesaid injuries were caused by gunshot. In future, he assured that he will do the MLC sincerely. On going through the MLC and postmortem report and information given by both the doctors, it appears that there was no gunshot injuries found on the body of deceased.

Learned advocate for the applicant submitted that applicant/accused is in custody from 27.09.2021. As per prosecution story, allegat