VIPIN SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Kshitij Shailendra, learned Counsel for the applicant and learned A.G.A. for the State of U.P.

(2.) The facts, in brief, of this case are that the F.I.R. of this case has been lodged by Adesh Kumar on 4.4.2009 at 11.30. p.m. in respect of the alleged incident occurred on 4.4.2009 at about 10.00 p.m. The alleged incident had taken place in the Jungle/Sikanderpur Wasi. The distance of the police station was about 7 k.m. from the alleged place of the occurrence. It is alleged that the deceased Raju, the brother of the first informant was doing the work of worship. The applicant and his associate co- accused Anshu Thakur also came in the Jungle and demanded his money from the deceased Raju, because he had taken Rs. 3,000/- from the applicant as debt. The deceased tried to avoid to make the payment then the applicant took out a country- made pistol. It was opposed by the first informant Mahendra and Neetu then the co-accused Anshu Thakur also took out a country-made pistol. The applicant discharged shot at the deceased Raju and the co-accused 'Anshu Thakur discharged shot at the deceased Neetu. Both of them died instantaneously. According to the post-mortem examination report, the deceased Raju had sustained gun shot wound of entry on the right side of forehead and the exit wound of entry was injury No. 2. The injury No. 3 was gun shot wound of entry on the left side of back. The exit wound of entry was injury No. 4. Both the gun shot wounds of entry were having the blackening. The deceased Neetu had one lacerated wound 25 cm. x 10 cm., extending from the left side of nose to middle of forehead, middle of head, back of head. The applicant applied for bail before learned Incharge Sessions Judge, Bijnor, the same was refused on 29.4.2009.

(3.) In reply of the above contention, it is submitted by the learned A.G.A. that the applicant and co-accused Anshu Thakur are named in the F.I.R. The F.I.R. has been promptly lodged within a period of one and half hours. The alleged occurrence has taken place in the dark night in the Jungle, but the first informant and other witnesses were present there. The witness Mahendra tried to apprehend the accused persons, a butt blow of the country-made pistol was used by the accused persons on his head, causing injury on his person. There is no material contradiction in the F.I.R. and post-mortem examination report of deceased Raju. It has not been alleged that only one shot was discharged. It is alleged that the applicant and co-accused Anshu Thakur discharged shots. The same statement has been given by the witnesses in their statements, recorded under section 161 Cr.P.C. Though it has been stated by first informant Adesh Kumar that the applicant put his country-made pistol near the head. He and co-accused Anshu Thakur discharged the shots. Consequently, both the deceased sustained injuries and died instantaneously. It is a case, in which two persons have been shot dead. The deceased was having criminal background. There was no reason of false implication, therefore, the applicant may not be released on bail.