SOMNATH PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) -Heard Sri H.N. Singh learned counsel for the applicant and the learned Addl. Government Advocate for the State.

(2.) This is an application for grant of bail filed by Som Nath Pandey one of the accused in case crime No. 208 of 1994 under Sections 147/148/149/302 Penal Code P.S. Khajani district Gorakhpur. The facts of the case as per the First Information Report are as under:

(3.) On 8.8.1994 at 6.30 a.m Raj Singh son of late Sita Ram Singh lodged First Information Report at P.S. Khajani district Gorakhpur to the effect that the relations between him and Rajmani Pandey alias Lallu Pandey, Baijnath Pandey and Som Nath Pandey sons of Ram Chandra Pandey have been strained for quite some time on account of land; that due to said grudge on 7.8.94 at about 12 o'clock in the night (i.e. the night between 7th and 8th Aug., 1994) the aforesaid three accused and certain others came to his house and asked him to get up that they asked him to take them to his father and they put country made pistol on his chest that on account of fear he took them to verandah and got the door opened that his mother Smt. Anari Devi his elder brother's wife Smt. Amrawati and his brother Udai Singh came out that Rajmani Pandey alias Lallu Pandey accused exhorted and said that he was the same person who be done to death that all these accused fired shots aiming at the chest of his father on account of which he died immediately that they raised an alarm on which the aforesaid accused threw the hand grenades and ran away towards East. It is also stated in the report that a lantern was burning at the door of their house and in the light of which the witnesses including Ram Singh and Baij Nath had identified the accused. On account of fear they could not go to the police station during the night and made the report in the early morning. The police station is at a distance of about 9 kms. from the place of occurrence.