KOMAL TIWARI Vs. STATE

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, learned Sr. Advocate, assisted by Shri Dhirendra Kr. Srivastava, learned Counsel for the applicant, learned AGA for the State of U.P. and Sri 'R.V. Pandey, learned Counsel for the complainant.

(2.) This bail application has been moved by the applicant Komal Tiwari with a prayer that he may be released on bail in case crime No. 159 of 2011, under sections 302, 307, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Chandauli District Chandauli.

(3.) The facts in brief of this case are that First Information Report has been lodged by Mahendra Tiwari on 6.5.2011 at 8.30 p.m. in respect of the incident allegedly occurred on 6.5.2011 at about 7 p.m. The applicant and three other co-accused are named in the First Information Report. It is alleged that on account of the old enmity, the co-accused Dhananjay Tiwari armed with licensed rifle, co-accused Rinku alias Dharmendra Tiwari armed with Revolver, co-accused Pintu alias Jitendra armed with country made pistol and the applicant armed with Lathi came at the house of first informant and they discharged the shots, consequently Arvind, Kshamakant and Santosh sustained injuries. The other injured Triveni and Tribhuwan also sustained injuries. Due to indiscriminate firing done by the accused persons, fear and panic was created. The injured persons were taken to district Hospital Chandauli but on the way to the Hospital injured Arvind, injured Kshamakant and injured Santosh Tiwari succumbed to their injuries. Thereafter, the injured Triveni and Tribhuwan also went to the police station, thereafter they were brought to the Hospital.