NAVIN Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Navin has preferred the Criminal Appeal No. 4398 of 2013, the appellants Gajendra and Papin have preferred the Criminal Appeal No. 4369 of 2013, the appellants Kalu Ram and Padam have preferred the Criminal Appeal No. 4370 of 2013, the appellant Jai Prakash has preferred the Criminal Appeal No. 4397 of 2013 and the appellant Ankit has preferred the Criminal Appeal No. 4396 of 2013 against the judgement and order dated 25.09.2013 passed by learned Additional District & Sessions Judge, Court No. 2, Ghaziabad in S.T. No. 1336 of 2010 whereby the appellants have been convicted under sections 147, 148, 307/149, 302/149, 323/149 and 325/149 IPC. All the appellants have moved their bail applications in their appeals, therefore, all the bail applications are being disposed of by a common order.

(2.) HAVING heard the learned counsel for the appellants, learned A.G.A. for the State of U.P. and from the perusal of the record it reveals that FIR of this case has been lodged by Om Veer, P.W. 1 on 8.4.2010 at 11.55 P.M. in respect of the incident allegedly occurred on 8.4.2010 at about 5.00 P.M. alleging therein that on 8.4.2010 the deceased Manoj, Nepal and Subodh Kumar were returning from Moninagar to their house on foot, when they came in front of the house of Jai Prakash, they were assaulted by Jai Prakash, Navin, Ankit, Gajendra, Papin, Kalu Ram and Padam by wielding their weapons Farsa, lathi and other weapons, they were sitting there in furtherance of pre planned scheme. The appellant Navin used the farsa blow on the head of the deceased Manoj Kumar and other appellants namely Ankit, Gajendra, Papin, Kalu Ram and Padam caused injuries on the person of the injured Nepal and Subodh by using the lathi blows at the exhortation of the appellant Jai Prakash. After sustaining the injuries the deceased Manoj and Nepal became unconscious and fell down. Any how the injured Subodh escaped from the place of the incident and narrated the whole story at his house. Then the first informant and his family members including the brother Surendra and nephew Rajendra came at the place of the incident, they were also attacked. The accused persons fled away from the place of the incident after extending the threat leaving the injured Manoj and Nepal Singh as dead. Thereafter the deceased Manoj and Nepal were taken to the Jeevan hospital, Modinagar from where they referred to Yashoda hospital, Ghaziabad where they were under treatment then FIR of this case was lodged. Subsequently the injured Monoj succumbed to his injuries on 18.4.2010 at 7.30 P.M. and post mortem examination was done on 19.4.2010. According to the post mortem examination report the deceased had sustained partially healed stipules stitched wound C shaped 18 c.m. in length over right side of head extending from midline forehead to 3 cm. above right ear. The cause of death was septicaemia consequent to head injuries. According to the medical examination report of Subodh Kumar who was medically examined on 9.4.2010 at 12.40 P.M., he had sustained a radish blue contusion on right lower limb just as right knee joint. The injury was simple in nature caused by blunt hard object. According to the medical examination report of Surendra Singh who was medically examined on 9.4.2010 at 12.40 P.M., he had sustained radish blue contusion on lateral aspect of right arm and having the complaint of pain in right lower limb and back. The deceased was medically examined in an injured condition. According to the discharge summary on account of the injury sustained there was fracture of the right frontal bone with extradural and subdural haematoma, it shows that the injury was grievous. From the side of the prosecution 14 witnesses have been examined. The statement of the appellant, under section 313 Cr.P.C. have been recorded and from the side of the defence D.W. 1 Ram Kumar, D.W. 2 Ashok Kumar and D.W. 3 Sanjay Kumar have been examined. According to the statement of P.W. 2 Nepal Singh the appellant Navin caused the injury on the person of the deceased by using the Farsa blow, consequently he became unconscious and fell down. The remaining appellants caused injury to the injured persons. The similar statements has been given by P.W. 3 injured Subodh Kumar, according to the evidence deposed the appellant Navin caused injury to the deceased and other appellants caused injury to the injured persons. The injuries sustained by the injured persons were not grievous and dangerous to life. In such circumstances, the appellant Navin is not entitled for bail, his prayer for bail is refused. The other appellants namely Jai Prakash, Ankit, Gajendra, Papin, Kalu Ram and Padam are entitled for bail.

(3.) LET the appellants Jai Prakash, Ankit, Gajendra, Papin, Kalu Ram and Padam convicted in S.T. No. 1336 of 2010 under sections 323, 147, 148, 307/149, 325/149, 302/149 IPC, P.S. Modinagar, District Ghaziabad be released on bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the Court concerned.