NAND KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri O.P. Tiwari and Surendra Kumar holding brief of Sri Jai Pal Singh, learned counsel for the applicant and Sri Mohammad Islam Khan, learned A.G.A. appearing for the State and perused the record.

(2.) IT has been contended by the learned counsel for the applicant that as per the prosecution case there was sudden quarrel between the parties for which an N.C.R. was also lodged from the side of the applicant on the same very day against the family members of the deceased. In the said incident, co -accused Mahendra Kumar has also received injuries on his head and the same was examined on the same very day. So far as the F.I.R. lodged from the side of the deceased, to give serious colour to the incident, the same was also lodged under Section 376 -D I.P.C. along with other Sections against the applicant and co -accused persons for committing rape on the sister of the deceased. As per the medical report of the prosecutrix no injury either external or internal was found on the private part of the prosecutrix though she was medically examined within 24 hours of the incident. He further submits that the deceased as per the post mortem report died on account of the head injury, the author of the said injury is not known. The applicant has no other reported criminal antecedent. The applicant is in jail since 5.11.2014.

(3.) LEARNED A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.