SADHU SARAN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Sadhu Saran Yadav with a prayer that he may be released on bail in Case Crime No. 84 of 2006, under Sections 302, 323, 504 and 506, I.P.C., P.S. Mahuli, district Sant Kabir Nagar.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Mahendra Prasad Tiwari at Police Station Mahuli, on 5.2.2006 at 2.35 p.m. in respect of the incident which had occurred on 5.2.2006 at 12 O'clock, the distance of the police station was about 14 kl. mts. from the alleged place of the occurrence. THE F.I.R. has been lodged against the applicant and co-accused Dinesh Tiwari alleging therein that the co-accused Dinesh Tiwari had kidnapped Seema the daughter of the first informant about two and half years prior to alleged occurrence and at that time nobody was present at the house of the first informant, therefore no proceedings could be initiated and he is keeping Seema with him and insisting the first informant to accept him as son-in-law. It was refused by the first informant. He was not ready due to which co-accused has become inimical. THE mother of Dinesh Tiwari was Pradhan of the village, the work of the electrification was going on in the village of the first informant, electric polls were being installed there on 5.2.2006 at about 12 O'clock, the applicant and co-accused Dinesh Tiwari came at the field of the first informant. THEy hurled the abuses because it was protested by son Ravi Shanker and they caused injury on the head of Ravi Shanker by using the butt of the country made pistol. Consequently he received head injuries and Ravi Shanker came to the house in a running position, he was chased by the applicant and co-accused. THE first informant intervened with folded hands but the co-accused Dinesh Tiwari had broken his janau and stated that till all the persons are not killed, he will not wear the janau and both accused ran towards the house of the first informant and committed the murder of the deceased Arvind Kumar Tiwari, the second son of the first informant, who was standing in verandah, who died instantaneously. THEreafter they fled away in the east side by discharging shots. THE applicant and other co-accused persons were hardened criminals, no body dares to depose the evidence against them. According to the post-mortem examination report, the deceased had received four gun shot injuries. All injuries are fire arm wound of entries and all injuries were having blackening.

(3.) IT is contended by the learned counsel for the applicant :