CHANDVEER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Satish Trivedi, Senior Advocate assisted by Sri Mangla Prasad Rai, learned counsel for the appellant, learned A.G.A. for the State of U.P. and Sri Niraj Tripathi, learned counsel for the complainant.

(2.) THE appellant Chandveer has moved the bail application with a prayer that he may be released on bail during the pendency of the appeal.

(3.) IT is contended by the learned counsel for the appellant that according to the prosecution version FIR of this case has been lodged by Smt. Kusum on 20.10.2003 at 6.30 p.m. in respect of the incident allegedly occurred on 20.10.2003 at about 5.30 p.m. alleging therein that her mother -in -law, the deceased Smt. Shanti Devi, was returning from Meerut after attending the court's proceedings, when she reached in front of her house, the appellant Chandveer, co -accused Surendra, co -accused Richhpal, co -accused Dheeray, co -accused Yogesh alias Bittu and one unknown person armed with gun, rifle and country made pistol discharged shots towards the deceased with an intention to commit her murder, many of the villagers were present there, but due to fear none of them came in rescue. The first informant and her daughter Km. Sonu, caught hold the hands of the deceased and dragged her inside the house but the co -accused Surendra alongwith his associates chased and entered into her house and from the court yard, they discharged many shots consequently, the deceased Shanti Devi lost her life due to injuries sustained. The co -accused Surendra and his associates discharged shots towards the first informant and her daughter Km. Sonu with an intention to commit their murder but they rescued themselves by running away, on account of old enmity the deceased was killed.