VINAY KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Vinay Kumar Singh alias Dadu Singh and Hori Lal Pasi with a prayer that they may be released in case Crime No. 88 of 2005 under Section 147, 148, 149, 302 and 307/34 I.P.C.

(2.) The prosecution story in brief is that on 21.6.2005 at 10.15 a.m. an F.I.R. has been lodged by Balram Singh at P.S. Manjhanpur against the applicants and the co-accused Lakhan Singh, Shardendu Singh, Satyendra Singh and Narendra Singh in respect of the alleged incident which had occurred on 21.6.2005 at about 9 a.m.. The distance of the police station was about 15 k.m. from the alleged place of occurrence. The alleged occurrence had taken place in front of the shop of Udhao Shyam Kesarwani in Village Baksi Par P.S Manjhanpur. It is alleged that on 21.6.2005 at about 9 a.m. Man Singh, father of the first informant, and Mratunjay Singh, brother of the first informant had gone to the shop of one Udhao Shyam Kesarwani to settle the account where the deceased Balendra Singh, elder brother of the first informant and kaushlendra Singh, younger brother of the first informant also came out from the side of their field. In the meantime, co-accused Lakhan Singh applicant Vinay Kuamr Sigh, Satyendra Singh, Narendra Singh armed with gun and the applicant Hori Lal Pasi armed with country made pistol came out from their houses, who reached at the place of the occurrence. Thereafter at the exhortation of the co-accused Lakhan Singh, all the co-accused persons, fired indiscriminately consequently, the deceased Balendra Singh received gun shot injury and died on the spot. The father of the first informant namely Man Singh and Mratunjay Singh, brother of the first informant, received gun shot injuries. The dead body was lying on the spot. The injured persons were taken to the police station where the F.I.R. was lodged. The alleged occurrence was witnessed by the first informant, his brother Kaushlendra Singh and other persons of the village. Subsequently, injured Mratunjay Singh alias Daroga was also declared dead. According to the post mortem report, the deceased Balendra Singh, received one fire arm wound of entry having dimension of 1.5 cm 1.5 cm bone deep on upper part of the neck blackening and tattooing was present and its exit wound was injury No. 2. The deceased Mratunjay Singh alias Daroga son of Man Singh had received two gun shot wounds of entries, in which omjury No. 1 was fire arm wound of entry, having the dimension of 8 cm 5 cm oval in shape, directed downward obliquely over left upper arm, blacking and tattooing was present. Its exit wound was injury No. 2. Injury No. 3 is wound of entry 5 cm 4 cm, oval in shape on left upper part of the chest blackening and tattooing was present. And from this injury three wadding pieces and one spherical bullet was recovered. The medical examination report of Man Singh shows that he had received lacerated wound having dimension of 3 cm 3 cm at right nipple no blackening or tattooing was present around the wound. The general condition of the injured was very poor. The injury was kept under observation, it was caused by fire arm.

(3.) Heard Sri V.C. Tiwari, Senior Advocate, assisted by Sri Manish Tiwari and Sri A.K. Awasthi, learned Counsel for the applicants and the learned A.G.A. and Sri Murlidhar Misra, learned Counsel for the complainant.