said scuffle, the Applicant gave a blow with a stick on Rajesh's head, pursuant to which Rajesh fell down. It appears that pursuant thereto, the Applicant and another person Guddu Singh took Rajesh to the hospital. The statement of the Complainant – Govindkumar Amarnath Patel ( brother of deceased Rajesh ) shows that when he reached the hospital, he asked Guddu Singh as to what had happened, pursuant to which, Guddu Singh disclosed to him, that there was a scuffle between the Applicant and Rajesh and that the Applicant assaulted Rajesh with a stick on his head. He has further stated that Guddu Singh disclosed to him that he resolved the dispute and thereafter, he ( Guddu Singh ) and the Applicant brought him to the hospital. It appears that after the assault, the Applicant also accompanied Guddu Singh, whilst taking Rajesh to the hospital. Whether or not, the offence is one under Section 302 or a lesser offence, is a matter which will be decided by the trial Court. The Applicant is in custody since 07.09.2017. It appears that the Applicant is disabled and is handicapped with his left hand and leg. The Applicant has annexed the Certificate of his disability at page No. 69 of the Application. The fact that the Applicant is disabled is also mentioned in the police report. Investigation is complete & charge-sheet is filed.
