LAWS(ALL)-2006-11-126

JAI SINGH Vs. STATE OF U P

Decided On November 15, 2006
JAI SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Jai Singh with a prayer that he may be released on bail in case crime No. 104 of 2006, under Section 304 I. P. C. , P. S. Sarai Inayat, District Allahabad.

(2.) THE prosecution story, in brief, is that the F. I. R. of this case has been lodged by Smt. Amrawati, the mother of the applicant on 5-7-2006 at 09. 00 p. m. in respect of the incident which had occurred on 4-7- 2006 at about 4. 00 p. m. alleging therein that the deceased was father of the applicant. He was habitual drunker and had mortgaged his land, due to this reason he was beaten by the applicant and co-accused Ravi, consequently, he received injuries. He was taken to a Nurshing Home, where he succumbed to his injuries on 5-7-2006 at about 8. 00 a. m. , thereafter, the F. I. R. was lodged by the mother of the applicant. According to the post-mortem report the deceased had received 13 ante-mortem injuries caused by hard and blunt object. THEre was fracture on occipital bone and left side 6th rib.

(3.) IN reply of the above contention the learned A. G. A. submits that the applicant is son of the deceased. The F. I. R. of this case has been lodged by the mother of the applicant. The deceased has received 13 injuries caused by hard and blunt object. The injuries were caused in a brutal manner. The occipital bone and left 6th rib were fractured due to injuries caused on the person of the deceased. The prosecution story is fully corroborated by the witnesses. There was no reason for causing such injuries to the deceased, therefore, the applicant is not entitled for bail.