MOHAMMAD MUTTAHIR Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the parties including the learned counsel for the complainant.

(2.) SUBMISSION of the learned counsel for the applicant is that the applicant and one Muntjir alias Guddu are said to have fired at the victim with country made pistols whereas one Shahid is said to have fired with a rifle. The post-mortem examination report discloses two rifle injuries of entrance with their exit wounds and one superficial gun shot injury. The possibility of rifle shots being caused by one person cannot be ruled out. Hence involvement of at least one of the miscreants said to have fired at the deceased with pistols appears to be false. It is further submitted that the circumstances show that the prosecution version is not correct. The applicant and Muntjir alias Guddu are brothers of Muktjir alias Kalva. The prosecution version is that one Ashif son of Salim was killed on the day of incident in city of Bulandshahr which is at a distance of 4 kms. from the place of occurrence. The incident occurred at 12.15 p.m. After the incident of murder of Ashif, accused Muktjir alias Kalua is said to have handed over his rifle to co-accused Shahid instigating him to take revenge whereupon the three miscreants came to the village of incident and committed the murder of the first informant's father. It is pointed out that Muktjir had lodged the first information report of the murder of Ashif at 12.45 p.m. The report was written report and the distance of the police station was around 5 kms. His submission is that Muktjir must not have been present when the villagers went to see the dead body of Ashif. It is also submitted that the prosecution version originally was that when the victim had just come out of his house he was fired at by the three miscreants and he fell down then and there but the dead body was found at the distance of 12 paces from the house of the deceased and then the prosecution changed its version alleging that the victim had run for some distance and then fell down. It is also submitted that one .315 bore cartridge is said to have been recovered from near the dead body which shows that the victim was fired at the place where the dead body was found. It is also pointed out that in the challan nash in form No. 13 time of the lodging of the report and time of sending the dead body to the headquarter are not mentioned which indicate that the report is ante-timed.

(3.) APPLICANT Mohd. Muttahir involved in Case Crime No. 441A of 1999, under Section 302/307/120-B/504/506/34, I.P.C. P.S. Kotwali Dehat, district Bulandshahr shall be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M., Bulandshahr.