SUDHA VERMA Vs. STATE OF UP

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court granting bail to respondent No.2-Dinesh Kumar. Bail was granted primarily on the ground that the co-accused has been released on the bail and at the most the case is one under Section 304 Part II of the Indian Penal Code, 1860 (in short the 'IPC') and not Section 302 IPC.

(3.) Learned counsel for the appellant submitted that the accused-respondent No.2 was involved in daylight cold blooded murder of his elder brother (husband of the appellant herein) by the licensed gun of his father in the presence of all family members and the relatives. Appellant was married to the deceased Rajesh Kumar in February, 1990 and they were blessed with three children. Some times prior to the incident, there was tension in the family on the issue of partition amongst deceased, his father and the two sons. On 16.5.2005 Rajjan Lal Verma, father of the respondent No.2 talked to Ved Prakash i.e. the brother of the appellant and told him about the extremely tense situation and told him to immediately come to Pukhrayan. Ved Prakash and Prem Prakash, brothers of the appellant reached Pukhrayan on 17.5.2005. The father and the two sons i.e. respondent No.2 and the accused were sitting in a room inside the house and talks for partition and distribution of property was going on. At about 3.30 p.m. the father became extremely excited and took out his licensed revolver and became offensive towards the deceased. Immediately, respondent No.2 picked up the licensed gun which was lying in a corner of the room, loaded the same and fired a shot at his elder brother-Rajesh Kumar, the deceased who sustained grievous fire-arm injuries on his vital organs. Injured Rajesh Kumar was shifted to a nearby hospital. He was referred to Kanpur Hospital. Before reaching the said hospital, he breathed his last.