KHADAG BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Khadag Bahadur Singh with a prayer that he may be released on bail in Case Crime No. 131 of 2006 under Section 302, I.P.C. and Section 3/25 of the Arms Act, P.S. Cantt. district Varanasi.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Sameer Kumar Jha at P.S. Cantt on 7.4.2006 at 3.30 p.m. in respect of the incident which had occurred on 7.4.2006 at about 4.45 p.m. THE distance of the police station was 5 kms. from the alleged place of occurrence. In the F.I.R. no accused has been named. THE F.I.R. has been lodged by S.I., who was on patrolling duty, alleging therein that he came to know that Smt. Anoopa Singh alias Kranti Singh, the wife of the applicant, has been shot dead. After lodging that information the first informant came at the place of occurrence and saw the dead body, thereafter, the inquest report was prepared on 7.4.2006. THE applicant himself gave an application to the S.H.O. of P.S. Cantt, Varanasi, mentioning therein that in the night of 6/7.4.2006 at about 1.00 a.m. he heard the sound of weeping of his son aged about 14 months and he provided milk in a bottle to his son, thereafter, he heard the sound of knocking the door for opening the same, then one unknown person having a firearm weapon asked him to go inside the house, one unknown person was also in the company of that miscreant, the deceased also came there and she was pushed by the miscreants, consequently, both fell down on sofa, then the second miscreant caused firearm injury on the head of the deceased by the country made pistol. He again tried to discharge the shots, but the same could not be done. Again the second miscreant discharged the shot by country made pistol and fled away from the place of occurrence. THE applicant also took the licensed gun of his father and came at the door and discharged two shots in the air, thereafter, the applicant went to his sasural to give the information of this incident, then went to Singh Medicals and thereafter, B.H.U., Varanasi and then Heritage Hospital, where the deceased was declared dead. According to the post mortem examination report the deceased has received one gunshot wound of entry having its exit wound. THE injury was having blackening, tattooing and scorching.

(3.) IN reply of the above contention the learned A.G.A. and the learned counsel for the complainant submit that the applicant is the husband of the deceased. At the time of the alleged occurrence he was present inside the house. It has been admitted by him that in his presence 2 unknown miscreants committed the alleged offence, but the version given by the applicant is highly unreliable, because the applicant has not received any injury and the deceased had been murdered inside the room. The applicant did not go to the police station to lodge the F.I.R., but he went to the house of the parents of the deceased to show his innocence. It is pre-planned murder. The deceased has been murdered by the applicant by 9 mm. bore pistol and the same has been recovered at the pointing out of the applicant from the campus of his house. It was not having accessible to all. The circumstances are not telling a lie. The applicant is main accused, who committed the murder of his wife, therefore, he may not be released on bail.