INAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been filed against the judgement and order dtd. 3/7/2024 passed by learned Sessions Judge, Saharanpur whereby second bail application moved moved in default clause under sec. 167(2)(a)(i) Cr.P.C. has been dismissed in Case Crime no. 131 of 2023, under Sec. 302 IPC and Sec. 3/25/27 of Arms Act, P.S. Nanauta, District Saharanpur.

(2.) Heard learned counsel for the revisionist, learned counsel for respondent no. 2 and learned AGA for the State.

(3.) According to the prosecution version, FIR of the incident was lodged by the informant Smt. Hamida on 3/8/2023 at 5:09 AM stating therein that on 2/8/2023 at around 11:00 PM, her co-villager Inam son of Yameen came to her house and called her son Naushad for doing some conversation and took her son outside the village in the field of Jafari where he assaulted her son by butt of country made pistol and thereafter he opened fire due to which her son suffered injury on face and hand by the pallets of cartridge, after hearing noise of fire, informant and her another son Shoyeb reached at the spot then the accused Inam fled away from the place. The FIR was lodged under Sec. 323, 307 IPC against named accused Inam. The injured Naushad was got medically examined at CHC Nanauta, Saharanpur on 3/8/2023 at 5:15 am. As per medical report, the injured received four lacerated wound and x-ray was advised and done at SBD hospital, Saharanpur from where he was referred to Maulana Mahmood Hasan Medical College, Saharanpur and then he was referred to PGI Chandigarh where his treatment was done and thereafter his treatment was going on in the house on the advise of doctor. Suddenly, on 21/9/2023 the condition of injured Naushad was become serious and he was being brought to PGI Chandigarh, he died on the way on 21/9/2023. The investigating officer carried out the investigation and submitted charge-sheet against the named accused Inam for charge under Sec. 302 IPC and Sec. 3/25/27 of Arms Act.