RAVI VALMIKI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S.A. Imam, learned counsel for the appellant, learned, A.G.A. for the State of U.P. and perused the lower court record.

(2.) THE appellant Ravi Valmiki has moved the bail application, in the appeal preferred under against the judgement and order dated 27.04.2013 passed by learned II -Addl. Sessions Judge, Gautambudh Nagar in S.T. No. 690 of 2009 whereby the appellant has been convicted under sections, 302, 201 IPC.

(3.) HAVING heard learned counsel for the appellant, learned A.G.A. and from the perusal of the record it reveals that FIR of this case has been losed by Gajraj Singh, P.W. 1 on 6.7.2009 at 9.25 A.M. in respect of the incident allegedly occurred from 10 P.M. on 5.7.2009 at 7.00 A.M. on 6.7.2009. The FIR was lodged against the unknown miscreants alleging therein that on 5.7.2009 at about 10 P.M. a call came on a cell phone of the deceased Sunil, the son of the first informant, immediately after receiving the call he became ready hurriedly and had gone on a motorcycle of Vijaypal but he did not return in the night. On 6.7.2009 at about 7.00 A.M. the first informant received information through the police by disclosing the mobile number of a person whose dead body was lying near Sani temple in sector 42, Aagahpur village, that mobile number was of his son Sunil Kumar. The first informant came to the place where dead body of Sunil Kumar lying on a blanket. Near the dead body Chappal and cell phone were also lying. After committing the murder of the deceased the dead body of the deceased was dropped near Sani Temple. ccording to the post mortem examination report the deceased had sustained eight injuries. On internal examination of the body 4,5 and 6 ribs of left side and 6,7 ribs of the right side were found fractured. Both the lungs were lacerated and two litres blood was found in the thoracic cavity. From the side of the prosecution nine witnesses have been examined in which P.W. 1 Gajraj Singh is the first informant, P.W. 2 Pratap Singh is witness of the recovery memo of cell phone and chappal, P.W. 3 Dr. Raj Singh had conducted autopsy of the dead body, he stated in cross examination that the injuries sustained by the deceased may be caused by sariya blows and duration of the death was about 12 to 24 hours. P.W. 4 Rajesh Chaturvedi who stated that on 9.7.2009 at 0.15 A.M. he was posted as P.S. Sector -39 as Sub Inspector, the appellant was arrested from the gate of High School Collage at about 1.00 A.M. He made the confessional statement before the police by stating that deceased was having the relationship with his wife. The injuries were caused to the deceased by using the iron rod, when he became unconscious he was taken by Bus no. U.P.14 -AT/7042 with the help of its conductor Bitthal and thereafter he was taken down in the back of Sani temple on a blanket, thereafter he was ran over by the bus and the iron rod was kept in the bus. At his pointing out the iron rod used in commission of the murder of the deceased was recovered from Bus No. UP -14 AT/7042 at about 3.30 A.M. The iron rod was blood stained, the witnesses proved the recovery memo. P.W. 5, Anil Samaniya has been examined who conducted the investigation. P.W. 6, Taj Jagannath Singh, P.W. 7 Suman Pal Singh, P.W. 8 Bhanu Prakash Gaud and P.W. 9 S.I. Rajya Vardhan Gaud have been examined as formal witnesses. The main evidence against the appellant is that at his pointing out, the iron rod used in the commission of the alleged offence has been recovered from his bus. The evidence of the call details is available which shows that the appellant had given the telephonic calls to the deceased, but in support of details of the telephonic call no authority has been examined. In such circumstances, we feel it proper to released the appellant on bail.