AWDHESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Awdhesh Singh with the prayer that he may be released on bail in Case Crime No. 16 of 2006 under Sections 147, 148, 149, 307, 302/34, I.P.C. and Section 3 (2) (v) S.C./S.T. (P.A) Act and Section 7 of U. P. Criminal Law Amendment Act, P.S. Dhanapur district Chandauli.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by the applicant Ram Lakhan Ram at P.S. Dhanapur on 15.3.2006 at about 12.30 p.m., in respect of the incident which had occurred on 15.3.2006 at about 11.00 p.m., the distance of the police station was about 5 km. from the alleged place of occurrence, alleging therein that the first informant was belonging to Chamar Caste, on 15.3.2006 at about 11.00 a.m., the accused Desh Raj Singh hurled abuses to the deceased Ramapati due to the enmity of previous election, he was asked not to abuse then the co-accused Ganga Sagar, co-accused Bhullan alias Ramesh, co-accused Hansraj caused injuries by using lathi and danda blows on the person of Smt. Kaushalya, Achche Lal, Ram Lakhan and Dehuli. THEy were asked again not to beat then the applicant having a licensed rifle, co-accused Saheb Singh and Bablu Singh having unauthorised fire arm chased the first informant and others. Dilip Kumar and Dinesh have made attempt to pacify the matter but the applicant and co-accused Saheb Singh, Bablu Singh discharged shots by their respective weapon, consequently deceased Ramapati, deceased Ram Nihore and injured Saraswati ran to save their lives but they were chased by the applicant and others discharged shots consequently Ramapati, deceased Ram Nihore sustained injuries, deceased Ramapati died instantaneously. Due to the above act done by the applicant and other persons a panic was created and an atmosphere of fear and terror was created.

(3.) IT is contended by the learned counsel for the applicant :