SHIV SAGAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the appellants and the learned Additional Government Advocate and perused the record. Prayer for bail with regard to appellant Pintoo and the prayer for bail in Second Bail Application preferred on behalf of appellants Shiv Sagar and Anand Bihari is being disposed of by the common order as they arise out of the common judgment of conviction.

(2.) The prosecution story in brief seems to be that on 8.8.2006 at about 6.00 p.m. because of the bitterness generated by village elections some squabble took place between one of the deceased Rama Nand and the co-accused Manju's sister, namely, Rekha in which abuses were exchanged. Infuriated and enraged by the same, the aforesaid accused Manju along with co-accused Banwari Lal, Sanjay and the three appellants whose bail prayer is being considered went to the house of Rama Nand and from there they dragged him and his relative Prem Chand (another deceased) and took them to a grove beating and thrashing them. Accused Banwari and Manju fired at them but the shots missed the target. Thereafter the accused-appellants, namely, Shiv Sagar armed with Saria, Anand Bihari and Pintoo armed with lathi and co-accused Sanjay armed with Farsa, made a deadly assault on Rama Nand and Prem Chand who succumbed to the injuries inflicted on them while being carried to the hospital. The FIR was lodged on the same day at 8.15 p.m. at P.S. Manjhanpur District Kaushambi by the first informant. Relying upon the eyewitness account of the incident given in the Trial Court by the witnesses, conviction has been awarded to the appellants under section 302/149 IPC and also under other associate sections of the Penal Code.

(3.) Learned Counsel for the appellants has contended that there are several injuries found on the deceased persons but the evidence produced by the prosecution does not specify as to who is the author of those fatal injuries received by the deceased persons which resulted in their death. It has also been submitted that all the injuries were caused by blunt weapons and not by deadly weapons which indicated that the aggressors did not have the intention to kill the deceased. It was also pointed out that the deceased had some bad antecedents and the co-accused persons Sanjay and Manju Patel have already been granted bail on 3.12.2009. Lastly it has been argued that the appellants have already been in jail for about 8 years.