HARI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Hari Singh with a prayer that he may be released on bail in Case Crime No. 78 of 2006 under Sections 307, 382, 504 and 506, I.P.C. P.S. Dibai district Bulandshahr.

(2.) THE prosecution story in brief is that in the present case F.I.R. has been lodged by Kunwar Pal Singh, real brother of the applicant, on 3.4.2006 at 6.50 a.m. in respect of the incident which had occurred on 3.4.2006 at about 6.00 a.m. It is said that the deceased Mohan Lal was caught hold by the co-accused Jitendra and Udai Veer Singh, thereafter the applicant caused injuries on his person by using knife blows. THE deceased was the real brother-in-law of the first informant. In the present case F.I.R. has been lodged under Sections 307, 504 and 506, I.P.C. but on the same day of the alleged occurrence, the deceased succumbed to his injuries, therefore, the case was converted under Section 302, I.P.C. also.

(3.) ACCORDING to the first medical examination report seven stab wounds were found on the person of the deceased but in the post mortem examination report, only lacerated wounds were found. The prosecution story is not corroborated by the post mortem examination report. The post mortem examination report and the medical examination report of the deceased are contradicting to each other, which shows that the alleged occurrence was not witnessed by any person. The applicant is not a previous convict. In case he is released on bail, he shall not tamper with the evidence. Therefore, he may be released on bail.