OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application for bail on behalf of Om Prakash applicant for an offence under sections 302/307/323/34 IPC in Crime No. 122/85, Police Station Bazpur, District Nainital.

(2.) THE prosecution story as contained in the first information report (Annexure-I) is that the informant Ram Charan has a house in village Badwala and has his field close to the south of the house. At one corner of the house he has got a store of cow-dung-cake and adjoining his field to the west is th( field of Om Prakash, the present applicant. As Om Prakash has broken the mend of the informant, hence a complaint was made to him but nevertheless the applicant kept silent. On 14-7-1985 in the morning the wife of the applicant started forcibly taking away the cow-dung-cakes from the store of the informant and wife of the informant, Smt. Rameshwari reprimanded her not to do so. THEreafter the wife of the applicant went home abusing the informant, At about 8 a. m. on the date of the occurrence the applicant came with his double barrel gun and the applicant's son Sanjiv and his wife came armed with lathis and they reached the field of the informant. At that time the informant his elder brother Hardayal, his wife Smt. Rameshwari, his aunt Smt. Bhuri and hi father Bhoop Singh were standing besides the aforesaid store. THE applican without saying anything with an intention to kill the informant and his family members fired twice and one fire hit the informant's elder brother Hardayal and by the other fire the face and head of the aunt of the informant was hit. His brother was also injured. THE son of the applicant also used his lathi inflicting injuries on the informant and his father Bhoop Singh. Rahim Khan and Girdhari Lal have seen the incident. Tne assailants ran away thereafter. Post mortem examination report of the deceased (Annexure-2) contained two gun shot wounds and three lacerated wounds on the deceased. Injuries of Hardayal from the side of the prosecution are to be found in Annexure 'S-l' to the supplementary affidavit and he received one gun shot wound. Injuries of Bhup Singh are in Annexure 'S-2' to the supplementary affidavit and he received two contusions. One lacerated wound, two contusions and one swelling were received by the informant.

(3.) SRI M. D. Misra, the learned counsel for the complainant and SRI Surendra Singh, learned counsel for the State urged that the injuries received by the applicant and his son (from the side of the defence) were fabricated and may be self-inflicted and no case for self defence was made out. SRI M. D. Misra placed reliance on Onkarnath Singh v. The State of U. P., AIR 1974 SC 1550 ; Bhaba Nanda Sarma v. The State of Assam, AIR 1977 SC 2252 and Lakshmi Singh v. State of Bihar, AIR 1976 SC 2263.