(1.) Heard Sri V. P. Srivastava, Senior Counsel assisted by Sri Ranjay Kumar, learned counsel for the applicant, Sri Sanjeev Kumar Shukla, learned counsel for the complainant and learned AGA for the State.
(2.) The first information report of the present case was lodged on 15.11.2012 at 8.15 PM on the allegation that on 15.11.2012 at around 9.45 AM when the complainant Umesh Chandrara Tiwari along with other persons were sitting in front of the portico, two unknown persons in police uniform came on a motor cycle i.e. Bajaj Discover and started indiscriminate firing by Carbine and Pistol at Ramesh Chandra Tiwari (Tantrik) and Rajesh Chandra Tiwari and thereafter they fled away brandishing their weapon in the air. The complainant with the help of other persons took both the aforementioned persons at Ashta Hospital, Sultanpur where Ramesh Chandra Tiwari was declared dead and injured Rajesh Chandra Tiwari was referred to PGI, Lucknow. It was further stated in the FIR that prior to aforesaid incident some persons of the village by show of force wanted to create terror in the locality and held out a threat to kill the Tiwari Family and even hot words were exchanged between them when the tender was floated by Kasturba Gandhi Avasiya Balika Vidhalaya. Post-mortem examination of the dead body of the deceased was conducted on 15.11.2012 and the cause of death was "shock and hemorrhage as a result of ante-mortem fire arm injuries". Injuries of the other injured Rajesh Chandra Tiwari were also examined at Gandhi Memorial and Associated Hospitals, Chhatrapati Sahu Ji Maharaj Medical University, Lucknow. During the course of investigation, the name of the applicant came to light as the main conspirator in hiring the sharp shooters for the commission of the alleged offence.
(3.) Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated. He further submitted that there is inordinate delay of around ten hours in lodging the FIR and no plausible explanation has been given regarding the delay. It was further submitted that that the offence against the applicant does not travel beyond Section 120 B IPC and the only role assigned to the applicant is of hatching conspiracy. He further submitted that the applicant has been implicated in the present matter merely on the basis of suspicion and the applicant, at no point of time, had made any telephonic conversation with the sharp shooters namely Vipul and Sheru alias Sher Bahadur. He further submitted that the confessional statement of the other co-accused has no evidentiary value and the same are not admissible. It was further submitted that the co-accused Jharkhandey Singh (father of the applicant), Arvind Singh alias Bablu, Kaushal Kishore Singh, Virendra Bahadur Singh, Shailendra Singh, Vijay Bahadur Singh, Subedar Singh, Vineet Kumar Singh alias Tanu Singh have already been granted bail by this Court.