CHANDRA KISHORE MISRA Vs. STATE OF UP

JUDGEMENT

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

(2.) THE present bail application has been moved by the applicant, Chandra Kishore Misra in case crime no.142 of 2010, under Section 302, 120B IPC, P.S. Bazaria, District Kanpur Nagar, with a prayer that he may be admitted to bail during the pendency of trial. This is a case of fratricide, the applicant has killed his own brother by strangulation. The incident had occurred at about 1:00 p.m. on 26.7.2010 and the first information report was lodged by the wife of the deceased on the same day at about 1:30 p.m. After inquest the postmortem was conducted, wherein as many as six injuries were found on the neck of the deceased. The statements of the complainant and eye witness were recorded, who had stated that the applicant had threw the deceased on the ground and pressed his neck till he was dead. Submission of the learned counsel for the applicant is that, the applicant is not a mentally fit person, and it is stated by the witnesses, that on the instigation of other accused persons, the applicant had pressed the neck of his brother, the deceased, on account of property dispute between them, whereas the first informant has stated in the first information report, that the applicant and his other brothers have assaulted the deceased and committed his murder.

(3.) HOWEVER , the trial court is directed to proceed with the case and conclude the trial expeditiously on its own merit, if possible, within a period of six months from the date of receiving of the certified copy of the order filed by the applicant, applying provision of Section 309 Cr.P.C., uninfluenced by any observation made herein above, provided that the accused-applicant shall cooperate with expeditious disposal of trial.