KESHAV GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Keshav Gupta with a prayer that he may be released on bail in Case Crime No. 144 of 2006, under Sec. 302, I.P.C. and Sec. 30 (A) Arms Act, P.S. Chhibramau, District Kannaui.

(2.) The prosecution story, in brief, is that the F.I.R. of this case has been lodged by Prem Chandra at Police Station Chhibramau on 15.3.2006 at 11.45 A.M. in respect of the incident, which had occurred on 15.3.2006 at about 10.40 A.M. The distance of the Police Station was about 1 Km. from the alleged place of the occurrence. The F.I.R. has been lodged against the applicant and three other co-accused persons alleging therein in that on 15.3.2006 the peoples were celebrating the Holi festival. The applicant and co-accused persons came there in which the applicant was armed with licensed revolver, co-accused Sunil was also having the applicant's D.B.B.L. gun and remaining co-accused persons were armed with the country made pistols. At the exhortation of the co-accused Sunil, the applicant caused injury on the person of the deceased by this revolver at about 10.40 A.M. Thereafter they fled away after extending the threat. The deceased had died in the way to the hospital. The alleged incident was witnessed by Lalji, Hariom, Lallu and others.

(3.) According to the post-mortem examination report, the deceased had received six gun shot wound of entries and dimension of all injuries was same.