NAVAL Vs. STATE OF U.P.

JUDGEMENT

(1.) -Heard Sri V.P. Srivastava learned counsel for the applicant and learned Addl. Government Advocate, for State.

(2.) This is an application for grant of bail filed by Naval son of Darbari Kewat one of the accused in Crime Case No. 92 of 1994 under Sec. 147/148/149, 302 Penal Code police station Kishunpur district Fatehpur.

(3.) As per the First Information Report, the occurrence is said to have taken place on 16.10.1994 at about 7 p.m. The First Information Report was lodged in the night between 16th and 17th Oct., 1994 at about 00.45 a.m. at police station Kishunpur district Fatehpur. The place of occurrence is said to be at a distance of 6 kms. from the police station. The report was lodged by Smt. Sawari wife of Jageshwar alias Chief, the deceased. The allegations in the First Information Report are that about four months before the present occurrence Jageshwar deceased and daughter of Pratap Singh one of the accused had exchange hot words but due to intervention of villagers the matter had been settled. At that time Doctor accused had left the place after administering threats to the deceased. On 16th Oct., 1994 at about 7 p.m. the complainant Ram Sawari was sitting alongwith her husband Jageshwar deceased and her sons Jaivendra and Raju and her husband's younger brothers Kanchan Goverdhan and Jagjit. They were talking with each other. At that very time Doctor and Udaiveer sons of Pratap Singh accused Bhadai and Kaifu sons of Bahadur accused, and Kewat son of Darbari accused i.e., all the five accused came there. They were all armed with guns and they surrounded the complainant and others who were sitting there. DOctor accused exhorted others to catch hold of Jageshwar alias Chief and that he be dragged and killed and be not allowed to es-cape. Thereafter all the five accused caught hold of the deceased and took him towards the jungle. The complainant and other per,sons sitting there and also certain villagers who had come there pleaded and requested the accused to release Jageshwar but the accused did no* pay any attention to them and instead took him (Jageshwar) to the field of Chunkoo and shot him dead. On account of the fear of accused the complainant could not immediately go to the police station to make a report but somehow managed to go there at about 00.45 a.m. on that very night and made a report on which a case was registered.