DHARMENDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri G.S. Chaturvedi, Senior Advocate assisted by Sri Prashant Vyas, Sri Ajay Vikram Yadav and Sri Jitendra Singh, learned counsel for the appellants, learned A.G.A. for the State of U.P. and perused the lower court record.

(2.) THE appellants Dharmendra Yadav, Raju, Pappu, Sher Singh, Jabar Singh have preferred the Criminal Appeal No. 4682 of 2013, the appellant Jitendra Yadav has preferred the Criminal Appeal No. 5094 of 2013 and the appellant Brijesh has preferred the Criminal Appeal No. 5156 of 2013 against the impugned judgement and order dated 26.09.2013 passed by Additional Sessions Judge, Court No. 6, Fatehpur in S.T. No. 674 of 2006 connected with S.T. No. 675 of 2006, S.T. No. 676 of 2006, S.T. No. 677 of 2006 and S.T. No. 729 of 2006 whereby the appellants have been convicted. All the appellants have moved their bail applications in their respective appeals with a prayer that they may be released on bail during the pendency of the appeal.

(3.) HAVING heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and after perusing the lower court record it reveals that the FIR of this case has been lodged on 9.7.2006 at 4.45 P.M. in respect of the incident allegedly occurred on 9.7.2006 at about 4.00 P.M. in which the appellants are named as accused. It is alleged that on 9.7.2006 at about 4.00 P.M. the first Smt. Bittan, her son Awadhesh Kumar and her grandson Manoj were sitting in flower garden, then the accused Sikandar Yadav (dead) and the appellant Jitendra Yadav came there and demanded the amount of Rs. 2,000/ - conveyance charges of the bricks., it was told by the Awadhesh and Manoj that one more tractor of the bricks was to be brought, after transportation of all the bricks the amount shall be paid, on it quarrel between accused Sikandar Yadav and Awadhesh Yadav started. The appellant Jitendra fired at the son of the first informant namely Awadhesh Kumar by his country made pistol which hit on his stomach consequently he fell down. The appellant Jitendra again lodged his country made pistol and discharged the shot towards the Manish which hit the Sikandar. By that time the another son of the first informant namely Ajit @ Putaau, Deepal and Manoj were came at the place of the incident, at their exhortation the appellant Jitendra fled away from the place of the incident. The grandson of the first informant namely Manish, Ajit @ Putaau were taken the injured Awadhesh to the police station, they were intercepted near Naubasta Chauraha bypass by the appellant Dharmendra Yadav and Raju. They shot dead the deceased Manish due to which near Naubasta Chauraha panic was created. But Awadhesh and Ajit were hiding themselves. On receiving its information the first informant along with Deepak and Manoj were going to Khaaga, on way Dhirendra, Pappu, Brijesh, Kallu, Sher Singh, Jabar Singh and 8 or 10 persons met them, they caught the Deepak and Manoj and taken them towards Fatehpur Tikari and in front of their house Deepak and Manoj were killed, any how the first informant came to Naubasta Chauraha bypass and by tracing out Awadhesh and Ajit she came to the police station and lodged the FIR. It is a case in which Deepak, Manoj and Manish have been killed and Awadhesh Kumar had sustained injuries. According to the post mortem examination of deceased Manoj he had sustained seven ante mortem injuries in which injuries No. 1 and 2 were incised wounds, but remaining injuries No. 3,4,5,6,7 were either contusion, abraded contusion or abrasion. The post mortem examination report of deceased Manish Kumar shows that he had sustained three ante mortem injuries, all injuries were incised wound. The post mortem examination of Deepak shows that he had sustained six injuries, all the injuries were incised wound and the medical examination report of injured Awadhesh Kumar shows that he had sustained a lacerated wound on the stomach which was caused by the fire arm. In support of the prosecution version 13 witnesses have been examined in which P.W. 1 Awadhesh Kumar is injured witness, P.W. 2 Mitan Kumar and P.W. 3 Anisha were the witnesses of the fact. The cross case was also registered with regard to the death of Sikandar Yadav. In cross case also the accused persons has been convicted. From the side of the prosecution the injuries sustained by Sikandar Yadav has been explained. It has been specifically alleged by the injured Awadhesh Kumar that shot discharged by appellant Jitendra hit on his stomach. The second shot discharged him hit the deceased Sikander Yadav. When he was taken Khaaga by his son Ajit and the deceased Manish also proceeded to police station Khaaga along with sister Anisha and Babli, he was intercepted by the appellants Dharmendra and Raju. He was beaten and by causing the gun shot injury was killed. According to the deposition of P.W. 3 Anisha the colour of the deceased Manish was caught by accused Raju, he was dragged and beaten, he appellant Dharmendra also came there and the deceased was taken by them to the grow on his person. The appellant Dharmendra caused injury by using the Baanka blows, consequently, the deceased Manish succumbed to his injuries. She came to know that Deepak and Manoj were also killed by using the axe blows. In such a case the active role of all the appellants have been assigned, on the basis of individual acts in a individual murder or causing the injuries no benefit may be extended to any of the accused. The gravity of the case is too much. In such circumstances, the appellants are not entitled for bail. The prayer for bail is refused.