SURESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, learned senior counsel for the applicant assisted by Sri Santosh Shukla Advocate on behalf of the applicant, learned AGA and Sri Rajiv Gupta learned Counsel for the informant in opposition,

(2.) The applicant seeks bail in crime number 188 of 2005 under Section 307/302/504 IPC Police Station Phaphund District Auraiya.

(3.) The prosecution allegation in short is that the wife of informant contested the election of village Pradha against the wife of applicant accused Suresh Chandra @ Bade and she won the election against the wife of the accused applicant. Because of the said loosing the family of the accused applicant started nurturing grudge against the informant and his family members. On 5.11.2005 at about 7 PM when the informant was sitting in front of his house along with his cousin brother Hargovind and Neeraj then the three accused Suresh Chandra @ Bade (Present applicant), Mahesh, armed with Country made pistol and Mahabir armed with gun came to the door of the informant vituparising and the present applicant and Mahesh opened fire at them but informant escaped unhurt albeit Hargovind and Neeraj sustained gun shot injuries. The commotion and hue and cry attracted brothers of informant Ram Pal and Balram and the father of Hargovind namely Vidhyadhar and villagers Ram Kumar, Asha Ram and others. The accused made their escape good on challenge. The accused were identified in the electric light. The injured were brought to the district hospital Etawah in a Marshal Jeep where Hargovind was declared dead and Neeraj after first aid was referred to Gwalior, as his condition was serious. Because of serious condition of the injured the report could not be lodged at police station Phapund but was lodged at police station Civil Lines District Etwah at 11.50 PM on that day 5.11.2005 as crime number Nil of 2005 by the informant which was scribed by Sanjai Dohrey and which was subsequently numbered as crime number 188 of 2005 at police station Pahaphund under Sections 307/302/504 IPC. Neeraj also succumbed to the injuries subsequently. The post mortem reports of the two deceased persons indicate that each of them received single gun shot entry wound each of dimension 1 cm x 1 cm, Hargovind had an exit wound also of 2 cm x 2 cm and his wound on entry had blackening.