NARENDRA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application by applicant Narendra for bail in respect of an offence under Sections 147, 148, 149, 307, 302, I.P.C., P.S. Achhnera, District Agra. Learned counsel for the applicant Shri S.S. Tewari, for first informant, Shri Virendra Singh, and learned A.G.A. appearing on behalf of the State, have been heard.

(2.) The prosecution story in nut shell is that near about 7 A.M. on 6.11.1992 deceased Ravindra Singh; injured Ramesh and Virendra, all real brothers, were collecting milk in containers for taking the same to the city, and most of the members of the family, including their brother informant Mahavir, were present outside the house. Soni Ram and Chandan Singh armed with licensed gun; Laltendu, Gajjo, Chandan, Vijai and Narendra with country-made pistols, came there, and fired towards these persons with intention to kill. All the three brothers mentioned above and six other family members were seriously injured, Ravindra Singh died on way to hospital. After getting the injured examined and treated at the hospital, F.I.R. regarding the incident was lodged at 2.10 P.M. the same day.

(3.) The bail plea of the applicant has been pressed on the ground that the incident of the nature stated in the F.I.R. does not appear probable, the fact of almost entire family being injured indicates that the incident occurred sometime in the night inside house. The factum of there being semi-digested food in the stomach of the deceased is also pointed out to say that at 7 A.M. this could not have been the position as nobody would take food at 4 or 5 A.M. in the morning, such position would have been there at about mid night, the meals having been taken around 9 or 10 P.M.