DAMBAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K.K. Dwivedi and M.K. Shukla, learned Counsel for the applicant and learned A.G.A.

(2.) This application is filed by the applicant Dambar Singh with a prayer that he may be released on bail in Case Crime No. 443 of 2005, under Sections 364, 302 and 201 I.P.C., Police Station Achhnera, District Agra.

(3.) The prosecution story, in brief, is that the First Information Report of this -case has been lodged by one Naresh Chandra at Police Station Achhnera on 20.9.2005 at 8.50 A.M. in respect of the incident which had occurred on 19.9.2005 at about 2.00 P.M. near Tahsil Kirawali, it was lodged against the applicant, co-accused Dharam Singh, Bhudev, Parshurm and Ors. The distance of the Police Station was about 6 kl.mts.from the alleged place of the occurrence. It is alleged that the deceased Satish Chandra, the cousin of the first informant along with the witnesses Rakesh and Nawali had gone to village Tazpur Nagaria on 19.9.2005 to see a boy for the purposes of marriage of deceased's sister and they were returning by boarding on a truck, the truck stopped at a turning near Tahsil Kirawali where the applicant and other co-accused persons were sitting and waiting the arrival of the deceased. The deceased was abducted by the applicant and other co-accused persons. The occurrence was witnessed by Rakesh, Nawali and some other persons who were present there. The deceased was searched by the first informant but his where about could not be known, the life of the deceased was in danger, therefore the First Information Report was lodged by the first informant Naresh Chandra at the Police Station Achhnera. During investigation, the statement of the first informant Naresh Chandra was recorded and he supported the First Information Report's version but it was alleged that the deceased was taken out from the truck by the applicant and other co-accused persons, he was beaten and taken away by the accused persons, at that time one Rajan, the maternal uncle of the deceased also reached there, the witnesses Rakesh , Nawali and Raj an requested the applicant and other co-accused persons to release the deceased but he was not released by them and he was taken away. Thereafter Rajan, Rakesh and Nawali came to the village of the first informant and disclosed this fact to the first informant and others, then a search was made by the first informant and others but the deceased could not be traced out thereafter the First Information Report was lodged. The statement of witness Rakesh was recorded under Section 161 Cr.PC. he supported the statement of the first informant recorded and the same statement was given by witness Nawali under Section 161 Cr.PC. The applicant was arrested by the Police on 22.9.2005. He confessed before the Police that he has committed the alleged offence and the motive was also disclosed by him. He stated that the deceased was taken to field for the purpose of knowing the where about of one Pushpendra but the deceased did not give proper reply, thereafter he was murdered and his dead body was thrown into Gopau Nahar(Canal) and on his pointing out the dead body of the deceased was recovered on 23.9.2005 from that canal, after completing the investigation the charge-sheet under Sections 364, 302 and 201 I.P.C. has been submitted on 30.11.2005 by the Investigating Officer.