HANS RAJ Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Hans Raj with a prayer that he may be released on bail in case crime No. 345 of 2004 under Sections 147, 148, 149, 307, 302, 323, 325, 504 and 506 I.P.C. and Section 3(2)5 and 3(1) S.C./S.T.(PA) Act P.S. Kurawali district Mainpuri.

(2.) The prosecution story in brief is that in the present case F.I.R. was lodged by Ram Das at P.S. Kurawali on 10.9.2004 at 10.15 a.m. in respect of the incident which had occurred on 10.9.2004 at about 8.45 a.m.. The distance of the police station was about 14 k.m. from the alleged place of occurrence. The F.I.R. was lodged against the applicant and several other c-accused persons, According to the F.I.R. the first informant belongs to Dhanuk Caste, some of the persons of his village belonging to his caste were doing the work of dayee but nobody in the family of the first informant was doing the said work. Due to this reason the applicant and other accused persons organized a meeting in the morning and conveyed a decision that in I case the first informant and his family members do not do the work of dayee, they will not be permitted to live in that village. The first informant and other refused to do the work of dyee, thereafter, the applicant and others co-accused persons armed with lathi and danda and country made pistol attacked the house of the first informant and the applicant Hans Raj caused gun shot injury on the person of Smt. Savitri Devi, wife of the first informant, who after receiving the injury died on the spot. Thereafter he discharged second shot towards Ghoore Lal but the same shot hit Km. Naghma. Thereafter the accused persons caused injuries on the person of Ghoore Lal Ram Das, Yad Ram, am Snehi, Chhotey Lal, Smt. Meera and Smt. Vidya Devi, Suman and Smt. Subarni by using lathi, dand and butt of the country made pistol. The injured persons were medically examined.

(3.) Heard Sri Chaudhary Subhash Kumar and Sri Manoj Srivastava, learned Counsel for the applicants and the learned A.G.A.