SUKHPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with F.I.R. No.461 of 2019, registered with Police StationRudrapur, District Udham Singh Nagar for the offence under Section 302 read with Section 34 of I.P.C..

(2.) Facts, to the limited extent necessary, are that the informant Rinku Kashyap S/o Babu Ram lodged an F.I.R. against the present applicant-accused along with two co-accused persons, namely, Sukhnandan and Hardev, the brothers of the present applicant-accused. According to the F.I.R., on 01.09.2019, the informant was going to his house with his brother Prem Shankar (deceased) on his Super Splendor motor cycle, bearing Registration No. UK-06 AQ-2438. They reached near Balmiki temple at around 8.30 p.m. Sukhpal, the present applicant-accused, was standing in the middle of the road. The applicant Sukhpal was asked to move out of the road. Sukhpal started misbehaving with him. Prem Shankar interrupted him, then, Sukhpal slapped Prem Shankar. One Chanchal of Diwakar Medical Store had intervened. The present applicant, Sukhpal and his two brothers Sukhnandan and Hardev brought weapons from Nandlal's house. Sukhpal had a Patal, a sharp edged weapon, in his hand, a rod in Sukhnandan's hand and a Gupti, a traditional swordstick dragger, in Hardev's hand. They assaulted Prem Shankar. He (Prem Shankar) received grievous injuries. He fell on the ground drenched in blood. When Yogesh and other neighbors came to the scene of the incident, all three ran towards Nandlal's house. The informant took his injured brother to the hospital with the help of Yogesh, but, Prem Shankar died on the way. The F.I.R. was registered at 23.00 hrs on 01.09.2019. The inquest proceeding and post-mortem examination were conducted. On 04.09.2019, the present applicant-accused was arrested along with the co-accused persons and at the instance of the present applicant-accused, a Patal, weapon used in commission of the crime, was recovered from the present applicant's house in front of the independent witnesses of the public, Ram Babu and Suresh.

(3.) Heard Mr. Vikas Anand, the learned counsel for the applicant and Mr. V.S. Rathore, the learned A.G.A. for the State through video conferencing.