KANHAIYA LAL Vs. STATE OF U P

JUDGEMENT

(1.) This application is filed by the applicant Kanhaiya Lal with a prayer that he may be released on bail in case crime no. 39 of 2005, under Sec. 302 I.P.C., P.S. Ghoorpur district Allahabad.

(2.) The prosecution story, in brief, is that in the present case the F.I.R. was lodged by one Ram Babu Yadav at P.S. Ghoorpur on 17.3.2005 at 5.10 a.m. in respect of the incident, which had occurred in the night of 16/17.3.2005 at about 11.00 p.m. The distance of the police station was 4 km from the alleged place of occurrence. It is alleged that the deceased was murdered in front of the house of co-accused Baboo Kole R/o Jasra. The F.I.R. was lodged against the applicant and co-accuse Baboo Kole, Sandeep Kumar and Vijay Kumar. It is alleged that the deceased Narendra Kumar Yadav, the elder brother of the first informant was going to attend the call of nature at about 11.00 p.m. on 16.3.2005, when he reached in front the house of co-accused Baboo Kole he was caught hold by co-accused Baboo Kole, Vijay Kumar and Sandeep Kumar and on their exhortation the applicant used a sword blow on the head of the deceased. He cried loudly then the first informant, his brother Raj Karan and his nephew Hari Om reached at the place of the occurrence. The deceased floundered and fell down in injured condition. The alleged occurrence was witnessed in electric light. The deceased was taken to the hospital by the first informant. During treatment he died. Thereafter, his dead body was sent to mortuary for post mortem examination. Thereafter, the F.I.R. was lodged by the first informant.

(3.) Heard Sri Satish Trivedi learned Senior Advocate assisted by K.P. Singh learned counsel for the applicant and learned A.G.A. and Sri Dharmendra Singh learned counsel for the complainant.