TRAYAMBAK PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Virendra Singh and Sri J.S. Sengar, Learned Counsel for the applicant and the learned A.G.A. and Sri Dilip Kumar and Sri Rajiv Gupta and Sri Rajul Bhargava, Learned Counsel for the complainant.

(2.) This application has been filed by the applicant Trayambak Pathak with a prayer that he may be released on bail in Case Crime No. 80 of 1999 under Sections 147,148,149,307,325, 452, 302 I.P.C. P.S. Parashurampur district Basti.

(3.) The prosecution story in brief are that the F.I.R. of this case has been lodged by Sri Bhagwan Singh at P.S. Parashurampur on 1.7.1990 at 8.30 p.m. in respect of the incident which had occurred onl.7.1990 at about 8.00 p.m. The distance of the police station was bout 2 furlong from the alleged place of occurrence. The F.I.R. was lodged against the applicant and seven other co-accused persons. It is alleged that the first informant Durga Singh and Pradeep Kumar Singh and the deceased Jai Prakash Singh were sitting at the house of one Mathura Singh, all of sudden, the applicant and seven other co-accused persons came there, with an intention to commit the murder they discharged shots. They were armed with gun, rifle and country made pistol, due to firing done by them, Jai Prakash Singh, Durga Singh and Pradeep Kumar received gun shot injuries, consequently, Jai Prakash Singh died on the spot. Thereafter its F.I.R. was lodged. According to the Post Mortem Examination Report, the deceased had received only one gun shot wound of entry and its exit wound and the injured Durga Singh had received four fire arm wounds in which three injuries were gun shot wound of entry and one was exit wound and the injured Pradeep Kumar Singh had received two fire arm wounds on the right leg and left leg.