(1.) Heard learned counsel for the applicant and learned AGA for the State and perused the record.
(2.) As per prosecution case, deceased was appointed Deputy Jailor in the District Meerut. His colleagues were annoyed with him so coaccused Yadvendra Shukla, Avinash Chauhan and R.K. Singh who were also jail employees got murdered him by hired criminals out of them one is the applicant. It was further argued that deceased have spoken to his wife some days before the occurrence that applicant and one another Dharmendra have been hired for his murder and later on when he was going on the relevant date, time and place near jail chungi, he was murdered by them and there are two eye-witnesses of the occurrence whose shops near by the place of occurrence. They have given eye account of the occurrence to the investigating officer under their statement under Sectioin 161 CrPC naming both, applicants of Dharmendra. Later on, when applicant was apprehended an English pistal was recovered from his possession and he confessed his guilt saying that with this weapon he has committed this murder in the company of other accused.
(3.) Applicant claimed his false implication due to enmity. It was further argued on his behalf that in first statement to investigating officer neither the wife of the deceased nor these alleged eyewitnesses have named him but second time, when their statement was recorded under the pressure of police all the three have named him. He is in jail since 13.08.2007 and trial is not being concluded.