PAWAN KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. The applicant is an accused and is seeking bail in crime No. 140/2004 under Median 147, 148, 149, 120- B/302/504/506 IPC police station Kotwali Akbarpur District Ambedkarnagar.

(2.) THE matter relates to murder of Anand Singh alias Kaire Singh who was done to done to death on 23- 7-2004 in front of Telephone Exchange at Akbarpur of District Ambedkarnagar. Sri Sanjiv Kumar Singh brother of deceased claiming himself to be an eye-witness, lodged FIR at 13:35 hours on the date of incident itself against 6 persons including the present applicant and adding that they were accompanied by two more unknown persons and that the incident took place at 12:35 in the noon. According to him, the deceased was standing with him in front of Telephone Exchange alongwith the witness Ram Sen Singh and Satyavan Singh. All of sudden, the accused 1) Krishna Kumar Pandey alias Kakkoo Pandey; 2) Guddu Gaur; 3) Rajan Gaur; 4) Manoj Tiwari alongwith 2 other unknown persons, arrived there on a motor cycle and a Bolero Jeep. THEy were armed with revolver, pistols and country made pistols. Exhorting each other, they opened fire on him. After committing this crime they fled from the place of occurrence on their vehicles. THE informant with the help of persons who had gathered on the spot, shifted the victim to the hospital on a Jeep which was found standing nearby. THE victim, however, died on way to hospital. In the FIR, it was stated-that this crime has been committed at the instance of present applicant Pawan Pandey who is Ex-MLA and one Vipin Mishra who were in conspiracy with those who committed crime on the spot. It was stated that the applicant and his brother Kakkoo Pandey had enmity with the deceived.

(3.) KRISHNA Kumar Pandey alias Kakkoo Pandey co-accused has already been admitted to bail in crime No. 141 of 2004 under Section 307 IPC and 3 (1) of U. P. Gangsters Act, vide order dated 22-9-2005 of this Court in Criminal Misc. Case No. 1864 (B) of 2005.