DHRUV PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.

(2.) It is submitted by the learned counsel for the applicant that co-accused including the applicant were assigned general role of assaulting the deceased with Lathi and Danda, but subsequently the statements of witnesses were recorded, who have assigned the role of causing injuries to the deceased by Lathi, on the applicant. It appears from the post-mortem report of the deceased that injury no.1 has proved to be fatal. Though the injury on the chest was also caused but the post-mortem report of the deceased shows that no abnormality was deducted. He further submitted that it was a sudden fight and the prosecution case would not travel beyond Section 304 IPC. The applicant is languishing in jail since 03.03.2015.

(3.) Learned A.G.A. opposed the prayer for bail, but could not dispute with the aforesaid facts.