RAJENDRA NISHAD Vs. STATE OF U.P

JUDGEMENT

(1.) Rajendra Nishad, the accused facing trial for offence bearing Crime No.958 of 2010 under Section 147/148/149/302/307/506 I.P.C., Police Station ,Barhalganj, District Gorakhpur, has applied for his release on bail.

(2.) The prosecution version is that on 28.11.2010, at 4 O'clock in the evening, while the complainant Ram Niwas along with his cousin Raja Ram, Kanhaiya and Sonu were coming back to their houses, that on their way, they were intercepted by seven accused, nominated in the F.I.R. including the applicant. On being exhorted, Nav Ratan fired upon Raja Ram. Ramesh, Narsingh and the present applicant indiscriminately fired with the fire arms, they had, and caused injuries to Kanhaiya and Sonu. Raja Ram was brought to Gorakhpur District Hospital, where he succumbed to the injuries sustained by him.

(3.) About the motive to commit the offence, it has been mentioned in the F.I.R. that prior to this occurrence, on 24.9.2010, one Jitan Prashad, uncle of the complainant was shot at by the accused persons nominated in the present F.I.R. and they were pressurizing to have a compromise or to face the dire consequences thereof.