SANOJ Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned AGA and perused the record.

(2.) COUNSEL for the applicant submitted that according to the FIR, the incident took place on 02.05.2011 in between 11.30-12.00 noon and FIR was lodged on the same day against 13 persons including the applicant, by Sanotsh Verma, uncle of the deceased Rajeev Verma. According to the FIR version, Rajeev Verma, nephew of the complainant, had love affair with Renu, d/o Subhash Pal, who was a neighbour. Renu was sent to the house of her mausi. Rajeev along with Renu had gone to another place from the house of mausi before 2 or 3 days. However, she again went along with Rajeev. When family members of Renu came to know regarding this fact, they searched for her and also gave threat that they would kill both of them. On 2nd May, 2011, at about 11.30-12.00 noon, Renu returned to her house where she was beaten by them inside the house and informant was present at the house of the deceased Renu. The house of the deceased Rajeev was situated in front of the house of deceased Renu. Thereafter, applicant along with other co-accused armed with lathi-danda and saria caught hold of Rajeev and beaten him and, thereafter, he was taken inside the house of Renu and both were beaten by other co-accused by lathi-danda, saria bricks and suja. Co-accused Suhaga caused injury by suja in her hand. Informant and other persons also ented the house and tried to save them, but they were threatened. Since they were armed with lathi-danda, country made pistol and causing marpeet with Renu and Rajeev, hence the informant and other persons ran away from the spot. Subsequently, after hearing hue and cry, other villagers reached there. Those persons also abused and threatened the villagers. The villagers closed their doors due to terror created from the side of accused persons. Subsequently, Renu and Rajeev were found dead in the house of Subhash, father of the deceased Renu. There were 13 persons implicated in the present case by named along with applicant. Subsequently, the statements of co-accused Shailendra and Rohit were recorded under section 161 Cr.P.C.

(3.) CONSIDERING the submission of counsel for the parties, nature of allegation and gravity of offence, it is clear that it was a case of honour killing. The FIR in the present case was lodged on the same day without any delay. The applicant is named in the FIR and that version is supported by the witnesses. It is clear that the applicant along with other co-accused caught hold of the deceased Rajeev who was beaten and thereafter taken inside the house of Santosh, father of deceased Renu, where the deceased were beaten inside the house . In view of the allegation and gravity of offence at this stage, it is not a fit case for bail.