PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Pappu with a prayer that he may be released on bail in Case Crime No. 132 of 2006, under Section 302, I.P.C., P.S. Dibiyapur, district Auraiya.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Inus Khan on 16.6.2006 at 11.20 p.m. in respect of the incident which had occurred on 16.6.2006 at about 9.30 p.m. THE F.I.R. was lodged against the applicant and one unknown person alleging therein that the first informant and his brother, the deceased Aslam left their village and shifted to village Ababar in the house of one Ram Autar Gupta about 15 or 16 days prior to the alleged occurrence and they had taken two bighas land of Ram Autar on batai. THE same land was cultivated by the tractor of the applicant about one week prior the alleged incident, but on the issue of payment of cultivation charges there had been some altercation between the first informant and the applicant, the applicant had extended the threats for dire consequences. THEreafter, on 16.6.2006 the first informant and the deceased were sowing the paddy at that time the water was going in that field and they were sitting on the canal bank, at about 9.30 p.m. the applicant alongwith his unknown associates came there and the deceased was caught hold by them and injuries were caused by spade which was kept there for agricultural work, consequently, neck of the deceased was cut. After committing the murder the applicant alongwith his associates escaped towards the village Kishanpur. THEy were identified in the light of torch. THE dead body of the deceased and spade by which he was murdered was lying at the place of the occurrence. According to post mortem examination report the deceased has received 4 ante mortem incised wounds.

(3.) IN reply of the above contention the learned A.G.A. submits that in the present case the F.I.R. has been lodged promptly in the same night at 11.20 p.m., i.e., within two hours of alleged incident, the distance of the police station was 4 kms. from the alleged place of occurrence, therefore, it cannot be said that some unknown persons have committed the murder at a lonely place in the dark hours of night and it cannot be said that the first informant was not present there. The prosecution has been fully corroborated by the post mortem examination report, because the deceased has received 4 incised wounds and plea of alibi is to be considered at the stage of the trial. The specific role is assigned to the applicant and the applicant was having a motive to commit the alleged offence. IN case he is released on bail he shall tamper with the evidence.