SHANKAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Bail Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No.138 of 2018, registered at Police Station Jaspur, District Udham Singh Nagar under Ss. 302, 307, 120B and Sec. 34 of the Indian Penal Code, 1860.

(2.) The brief facts which are required to be stated are that on 25/5/2018, Smt. Bhajan Kaur, the informant, was in her house with her husband Daya Singh, daughter-in-law Charanjeet Kaur, brother of her daughter-in-law Devendra Singh alias Labba, his wife Babbi and his son Happy. At around 11:00 in the morning, suddenly two persons entered her house and pointed a country made pistol (Tamancha) at her chest. When she folded her hands, they ran outside. They fired at her husband Daya Singh, aged about 63 years, due to which he died near the cowshed outside the house. Devendra Singh alias Labba was hit by fire, due to which he was injured. After inquest proceedings, post-mortem and last rites of the deceased, an FIR was lodged on 25/5/2018 at 20:30 p.m. The FIR was registered against the two unknown persons.

(3.) During the investigation, this fact came to light that the deceased had two sons. One is Jagtar Singh alias Jagga and the name of the other son is Meher Singh. Jagtar Singh alias Jagga's brother-in-law Devendra Singh alias Labba had enmity with one Gurmukh Singh alias Gorkha. Devendra Singh alias Labba had to go to jail because of Gurmukh Singh. To take revenge from Gurmukh Singh, Devendra Singh alias Labba (co-accused) along with his friend Aleem (co-accused) settled the matter with the present applicant and Narendra Sharma (co-accused) for Rs.10.00 lakhs. One lakh was given in advance. Daya Singh was shot as per the plan, while Devendra Singh alias Labba inflicted a bullet wound on himself. After the incident, the present applicant and co-accused Narendra Sharma fled away on a motorcycle, bearing No.UK06-L 9443.