RAGHUVIR Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Raghuvir with a prayer that he may be released on bail in Case Crime No. 233 of 2006, under Sections 302, 149, 148, 147 and 506, I.P.C., P.S. Kotwali Nagar, district Etah.

(2.) The prosecution story, in brief, is that the F.I.R. of this case has been lodged by the Constable Digvijay Singh on 17.4.2006 at 6.15 p.m., in respect of the incident which had occurred on 17.4.2006 at 5.30 p.m. The distance of the Police Station was about 1 kl. mt. from the alleged place of occurrence. It is alleged that the accused Bablu alias Dhirendra involved in Case Crime No. 73 of 2006 under Sec. 60 of the Excise Act and the deceased Raj Kumar involved in Case Crimes No. 74 of 2006 and 75 of 2006 were arrested and they were taken by the first informant and constable 97 Rajveer Singh and H.G. Hari Singh for getting the remand in the Court of learned A.C.J.M., Kasganj but the Court was closed. Thereafter accused persons were brought to Etah by Roadways Bus and they proceeded by sitting in two Rickshaws to the Court of Etah for producing the accused in the Court, the mother and other family members were also in their company. When they reached near the State Bank, the co-accused Sunil Yadav, co-accused Prempal, co-accused Balbir Singh, the applicant Raghuvir Singh and two unknown miscreants, who were following the rickshaw by motor-cycle, came forward and stopped the rickshaw of deceased Raj Kumar and discharged the shots at him by their rifle and country-made pistols. Consequently after sustaining the injuries, the deceased Raj Kumar died on the spot at about 5.30 p.m. The deceased Raj Kumar was having enmity due to litigation with the accused persons and leaving the dead body of the deceased Raj Kumar and taking the co-accused Bablu alias Dhirendra, the first informant went to the Police Station and lodged the F.I.R. According to the post-mortem examination report, the deceased received six ante-mortem injuries in which three injuries are of fire arm wound of entries and three injuries are exit wounds. Injury No. 1 was fire arm wound of entry on the chest, it was having no blackening, tattooing or charring, injury No. 3 was fire arm wound of entry on left axilla, it was having no blackening, tattooing or charring, injury No. 5 was fire arm wound of entry mandible, it was having blackening around the wound. All the fire arm injuries were of different dimensions.

(3.) Heard Sri D. N. Wali, learned Counsel for the applicant and learned A.G.A. for the State of U.P.