SHARWAN YADAV Vs. STATE OF U P

JUDGEMENT

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

(2.) THIS is second bail application moved on behalf of the appellant Sharwan Yadav with a prayer that he may be released on bail during pendency of his appeal before this court.

(3.) IT is contended by learned counsel for the appellant that the first informant and deceased were accused accused in murder of brother of the accused Kawaldhari. The testimony of the alleged eye witnesses namely P.W. 1 Rajesh Yadav, P.W. 2 Haribansh and P.W. 3 Munna Yadav may not be relied upon. The accused Mahendra Yadav who is named in the FIR as accused has been exonerated in their testimony by P.W. 1, 2 and 3. According to the deposition the shot was discharged by the accused Kawaldhari at the deceased Ashok, after sustaining the gun shot injury he escaped leaving his motorcycle to save his life, but he fell down in a pit where appellant Shrawan and co -accused Dinesh caused injury by using the badhari blows, the weapon badhari is sharp edge weapon. The trial court acquitted the accused Mahendra Yadav. There are material inconsistency in the statement of alleged eye witnesses. The prosecution story is not corroborated by the medical evidence. According to the post mortem examination report the deceased had sustained 12 ante mortem injuries in which injury no. 1 was lacerated wound on the head 11 cm. above the right ear, injury No. 10 was lacerated contusion on the right fore arm having the fracture of both bones and injury No. 12 was an abrasion in the left foot 1 cm. below the knee. The injury no. 1, 10 and 12 are unexplained injuries. The deceased had sustained a fire arm wound having the blackening and tattooing 17 cm above the right elbow. The co -accused Kawaldhari who allegedly caused injury No. 9 has been released on bail by this court. The appellant is in jail for about seven years, he may be released on bail.