RAM CHANDER Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Ram Chander with a prayer that he may be released on bail in Case Crime No. 242 of 2006, under Section 302 I.P.C. and Section 3(2)(5) of S.C./S.T. (P.A.) Act, P.S. Pannuganj, District Sonbhadra.

(2.) The prosecution story, in brief, is that the F.I.R. of this case has been lodged by Smt. Geera Devi at Police Station Pannuganj on 13.5.2006 at 7.30 A.M. in respect of the incident which had occurred in the night of 12/13.5.2006 at about 12 O'clock. The distance of the Police Station was 14 kl.mts. from the alleged place of the occurrence. The P.I.R. was lodged against the applicant, co-accused Valli, co-accused Bechan and co-accused Vedmani alleging there in that in the night of 12/13.5.2006 the deceased Dinesh was sleeping on a cot outside the house at about 12 O'clock the applicant armed with axe co-accused Valli, Bechan and Vedmani armed with Lathi, Danda and knife came at the place of the occurrence and the co-accused Valli, Bechan and Vedmani caught hold the deceased and the applicant caused injury by using axe blows on the head and neck of the deceased. The first informant was also sleeping at a short distance, who flashed the torch light and saw the applicant and other co-accused persons who ran away towards the north side after committing the alleged offence. According to the post-mortem examination report, the deceased had received two ante-mortem incised wounds and during investigation at the pointing out of the applicant one blood stained axe has been recovered from the bridge at about 5.30 P.M.

(3.) Heard Sri H.N. Singh, learned Counsel for the applicant, and learned A.G.A. for the State of U.P.