1 S.B. Cr. Bail Application No. 4092/2007 (Pavni Vs. State of Rajasthan) Date of order : 10.09.2007 HON'BLE MR.H.R.PANWAR,J. Mr. Sandeep Mehta for the petitioner. Mr. V.R.Mehta, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioner that according to the opinion of the medical board, the cause of death of the deceased was neurogenic shock and so far as the injuries are concerned, the deceased has suffered the bruises and abrasions as recorded in the postmortem report. According to learned counsel for the petitioner, complainant Sukhi has improved the case from that of the FIR with regard to pressing of nose and mouth of the deceased. Learned counsel has read the statement of witnesses recorded under Section 174 Cr.P.C. and stated that these statements have been filed by the police along the challan papers. I have carefully gone through the challan papers. The final report (charge-sheet) filed by the police states that 2 statements of as many as 13 witnesses have been annexed with the charge-sheet. There are 13 witnesses whose statements under Section 161 Cr.P.C. have been recorded. So far as the statements under Section 174 Cr.P.C. are concerned, they are not forming the part of challan. I have carefully gone through the statement of eye witness Sukhi. She stated that it was the present petitioner who started assaulting the deceased, the deceased fell down and thereafter she set over her chest, pressed the nose and mouth and the witness intervened. By the time, the deceased became totally unconscious and efforts were made to give her water but water could not be given to her as she died by that time. Keeping in view the statement of eye witness, in my view, it is not a fit case to release the petitioner on the strength of statements under Section 174 Cr.P.C. which are otherwise not a part of challan papers. The bail application filed by the petitioner under Section 439 Cr.P.C. is therefore, dismissed. (H.R.PANWAR), J. rp