RAGHURAJ Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Raghuraj with a prayer that he may be released on bail in Case Crime No. 225 of 2005, under Sections 302, 307, 336, 504, 506 I.P.C., Police Station Iglas, District Aligarh.

(2.) The prosecution story, in brief, is that the F.I.R. of this case has been lodged by Mikki Singh at Police Station Iglas on 28.6.2005 at 8.55 A.M. in respect of the incident which had occurred on 28.6.2005 at about 8.00 A.M. The P.I.R. has been lodged against the applicant and co-accused Pooran Singh, Swadesh, Mahesh @ Dhamna alleging therein that on 28.6.2005 one Kalyan Singh, the nephew of the first informant was going to Jungle from the village, he met with Sunder Singh in the way and started teasing. When he asked not to tease, he was beaten by Sunder and his father Raghuraj Singh, its complaint was made by Kalyan Singh to his father Nihal Singh and the first informant, so the first informant Nihal Singh, his wife Smt.Hardevi enquired about the matter in presence of Bachhu Singh,Bani Singh and other villagers then two accused Pooran Singh armed with Pharsa, the applicant Raghuraj armed with the licence S.B.B.L. gun of his father, Sudesh armed with country made pistol and Mahesh @ Dhamma armed with Lathi came out there and intended to cause injury in the presence of the first informant and others but the witnesses Bachhu Singh and Bani Singh and others came in rescue then the accused persons extended threat, the first informant and others went of their house but his nephew Kalyan Singh remained there in the way and the deceased Nihal Singh and his wife Hardevi went on the roof of their house due to some worry. All of sudden Kalyan Singh was assulted by co-accused Puran Singh and Mahesh @ Dhamna and at the exhortation of Pooran Singh the applicant and co accused Sudesh discharged shots by the licensee gun and pistols towards Nihal Singh and his wife Hardevi, the firing was made indiscriminately from the roof of the applicant and other co-accused. Consequently deceased Nihal Singh and his wife Hardevi received grievous injuries but the accused persons ran away from the place of the occurrence under the pressure of the villagers and injured were token to the Police Station where the F.I.R. was lodged under Sections 307,504, 336,506 I.P.C. but the Case was conterted under Section 302. I.P.C. on the same day after death of deceased Nihal Singh. According to the post-mortem examination report of the deceased Nihal Singh, he had received ante-mortem multiple fire arm pallets entry wounds 14 cm. x 9 cm. on the front of face, each measuring 4 mm. x 4 mm. x and some oval 4 mm. x 5 mm. as injury No. 1 and injury No. 2 was multiple firearm pallets entry wounds 28 cm. x 33 cm. on front of the chest and left front of the shoulder each measuring 4 mm. x 4 mm. to 4 mm. x 5 mm. and medical esamination report of Smt. Hardevi shows that she had received one lacerated wound 3 cm. x 1 cm. x 1 cm. on the head and medical examination report of Kalyan Singh shows that he had received lacerated wound 2 cm. x 1 cm. on the back of the right side head.

(3.) Heard Sri V.P. Srivastava Senior Advocate, assisted by Sri Akhllesh Srivastava and Pramod Bhardwaj, learned Counsel for the applicant and learned A.G.A. for the State of U.P. It is contended by the Learned Counsel for the applicant: (1) That the prosecution story is false, concocted and highly improbable. It is further contended that according to the F.I.R. the applicant discharged shots by the licencee gun and co-accused Sudesh discharged shots by country trade pistol from there roof which caused injuries on the person of the deceased Nihal Singh and injured Hardevi who were on their roof. During investigation the statement of injured Smt. Hardevi, Smt. Tulsa Devi and injured Kalyan Singh and first informant were recorded under Section 161 Cr. P.C. but according to their statements the manner of the occurrence has been changed. According to the statement of Smt. Haridevi, she received injuries when she came in rescue of her son outside the house whereas it has not been mentioned in the F.I.R. Thereafter she went on roof where her husband Nihal Singh was present. It is alleged that the applicant and co-accused Sudesh Singh discharged the shots but the shots discharged by the applicant hit the chest of the deceased but it is alleged that the applicant Sudesh Singh had fired. The same statement was given by Tulsa Devi, it has been specifically alleged that the applicant shot had hit the chest of the deceased and the injured Hardevi also received injury but after receiving the injury she fell down from the roof. The injured Kalyan Singh stated that when he was beaten by the accused psrsons, his mother Smt. Hardevi came in his rescue, she was also beaten by Pooran Singh, thereafter she went on her roof to save her life where shots. were discharged by the applicant and Sudesh Singh but nobody received any injury thereafter at the exhortation of Sri Pooran Singh, the applicant discharged shot which hit the chest of the deceased. After receiving the injury he also fell down and deceased and other injured persons were taken to the hospital but the deceased died in the medical College. The witness Mikki Singh stated that the deceased and Smt. Hardevi received injuries caused by the applicant and Sudesh Singh, thereafter they fell down from the roof. There is material contradictions in the statements of the witnesses which shows that the alleged occurrence had not taken place as alleged by the prosecution. It is further contended that the injuries received by the injured persons are either manufactured or the injury reports have been procured. It is further contended that according to the F.I.R., the applicant and co-accused Sudesh Singh discharged shots indiscriminately, it has not been specifically alleged as whose shot hit the deceased. After great thought and consultation and due to some ulterior motive and on a legal advice the specific rold of causing injury to the deceased has been assigned. The applicant is not a previous convict and is not involved in any other case, participation of the applicant in the commission of the alleged offence is highly doubtful, therefore he may be released on bail.