MOHAN PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A. G. A. for the State.

(2.) By means of this application, the applicant who is involved in Case Crime No. 83 of 2012, under Sections-302 and 506 IPC, P. S.-Ahar, district-Bulandshahar and is in jail is seeking enlargement on bail during the trial.

(3.) Learned counsel for the applicant submitted that according to the prosecution case as is evident from the F. I. R. which was lodged at about 10.15 P. M. on 21.8.2012 at P. S.-Sadar, sub-district-Anoopshahr, district-Bulandshahr is that while the informant and his brother Ravi were coming from their field on 21.8.2012 at about 9.00 A. M. in a cart and had reached near village Khadana, a black coloured Bolero Car came from behind registration number whereof was not visible and stopped besides the applicant and three persons namely Mohan Lal, the applicant Satish and Satendra came out of car armed with firearms and fired firstly at the cart and then chased the deceased Ravi for about 10 mts. and thereafter the co-accused Satish and Satendra caught hold of the deceased and immobilized him whereupon the applicant fired at the deceased with his firearm causing firearm wound on his head killing him instantly and thereafter all the aforesaid three persons and the two other persons who were sitting in the car ran away from the place of occurrence extending threats to the informant also. The post mortem report on the dead body of the deceased was conducted on 21.8.2012 at about 4.00 P. M. The post mortem report of the deceased shows multiple firearm wounds of entry in the middle of the forehead of the deceased. The cause of death is stated to be shock and haemorrhage as a result of ante mortem injuries.