RAM BHAWAN PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the lower court record. It is contended by learned counsel for the appellant that in the present case five persons have been prosecuted. According to the prosecution version the co -accused Vinod Kumar Pal, Tirath Prasad and Chhote Lal Pal were armed with guns, the appellant Ram Bhavan Pal was armed with rifle and co -accused Chunku Ram Pal was armed with country made pistol. It is alleged that all the accused persons discharged the shots by their respective fire arms towards the deceased on 25.6.2004 at 8.00 A.M. According to the post mortem examination report the deceased has sustained seven ante mortem injuries. The injury No. 3 was lacerated wound on the left arm, having its bone fracture. The said injury may not be caused by fire arm, it may be caused by hard and blunt object. There was no typical injury caused by rifle, according to the FIR the appellant Ram Bhavan Pal was armed with rifle, but during investigation the weapon was changed and it was alleged that he was armed with DBBL gun but witnesses stated before the trial court that he was armed with licensed rifle. The trial court has acquitted the co -accused Chunku Ram Pal whereas the specific allegation of discharging the shots by country made pistol has been made against him also. The case of the appellant is based on the similar footing with the case of co -accused Chunku Ram Pal. The P.W. 1 and 2 have been examined as eye witness, they are sons of the deceased, their presence was highly doubtful at the alleged place of occurrence. There is no independent witness to support the prosecution story. In such circumstances, the appellant may be released on bail.

(2.) IN reply of the above contention, it is submitted by learned A.G.A. that the prosecution has proved its case beyond the shadow of the doubt, therefore, the appellants may not released on bail.

(3.) CONSIDERING the submissions made by learned counsel for the appellant, learned A.G.A. and from the perusal of the impugned judgement it appears that the role of causing the gun shot injuries assigned to co -accused Chunku Ram Pal also. According to the prosecution version it has been caused by country made pistol. The trial court has acquitted the co -accused Chunku Ram Pal. No government appeal has been filed by State of U.P. against the acquittal of the co -accused Chunku Ram Pal and without expressing any opinion on the merits of the case the appellants are entitled for bail.