RAM BAHAL AWADHI Vs. STATE OF U P

JUDGEMENT

(1.) This application is filed by the applicant Ram Bahal with a prayer that he may be released on bail in case crime No. 365 of 2005, under Sections 147, 148, 149, 302, 504, 506 and 120-B I.P.C. and Sections 3/25/27, 4/25/27 Arms Act, P.S. Captainganj (Kaptanganj) district Kushinagar.

(2.) The prosecution story, in brief, is that in the present case the F.I.R. was lodged by one Abhay Pratap at P.S. Kaptanganj on 26.9.2004 at 8.45 p.m. in respect of the incident, which had occurred on 26.9.2005 at about 6.00 p.m. in village Pakari Madaraha. The distance of the police station was about 11 km from the alleged place of the occurrence. The F.I.R. has been lodged against the applicant and 5 other co-accused persons alleging therein that on 26.9.2005 at about 6.00 p.m. the first informant, his father deceased Rajendra Singh, Dayaanand and Vinod were going towards the bridge of a canal, they reached in front of the house of one Ghurayi near an electric pole, the applicant and 5 other co-accused namely Mahraj Singh, Balwanti, Vishnu Dayal, Narsingh and Ram Bhajan armed with country made pistol, Ganasa and knife came out from the house of one Vishnu Dayal, the deceased was caught hold by them, the first informant and other witnesses came in his rescue, they were pushed back by the accused persons and co-accused Marhraj Singh caused a firearm injury to the deceased from a close range by the country made pistol, consequently, the deceased became injured, he was dragged by the accused persons and taken in front of the house of one Vishnu Dayal where he was thrown on the land and the injuries were caused by the applicant and co-accused Narsingh, co-accused Ram Bhajan by using Ganasa and knife blows. On hue and cry of the first informant and other witnesses, some other villagers came at the place of the occurrence, they tried to apprehend the accused persons but all the accused persons ran away from the place of the occurrence by flying their weapon in air and extending the threats. The deceased died on the spot. Thereafter, the F.I.R. was lodged. The inquest report was prepared and post mortem of the body of the deceased was conducted on 27.9.2005 at 2.30 p.m. According to post mortem examination report the deceased had received 11 anti mortem injuries out of which the injuries No. 1 is gunshot wound of entry on the abdomen. It was having blackening; injury No. 2 was its exit wound. The injuries No. 3, 4, 5, 6, 7, 8, 9 and 10 are incised wounds and injury no 11 is a lacerated wound. During investigation the statement of the witnesses were recorded and by some witnesses it has been specifically alleged that the applicant Ram Bahal caused injury by ganasa and co-accused Ram Bhajan and Narsingh caused injuries by Knife because in the F.I.R. it was alleged that they have caused injuries by knife and Ganasa.

(3.) Heard Sri Jagdish Singh Sengar and Sri Ajit Kumar Singh Solanki learned Counsel for the applicant and learned A.G.A. and Sri A.K. Srivastava learned Counsel for the complainant.