UMA SHANKAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This application is filed by the applicant Lima Shankar Pandey with a prayer that he may be released on bail in case crime No. 96 of 2005 under Sections 302 I.P.C., P.S. Shankargarth, district Allahabad.

(2.) The prosecution story, if brief, is that in the present case the F.I.R. has been lodged by Pankaj Kumar Pandey at P.S. Shankargarh on 5.9.2006 at 4.45 p.m. in respect of the incident which had occurred on 5.9.2005 at about 3.30 p.m. The alleged occurrence had occurred in the vicinity of village Kapari Khan Semara. The distance of the police station was about 5 km from the place of occurrence. The F.I.R. was lodged against the applicant and other co-accused Ramesh garg, Rakesh Garg and co-accused Onkar Shukla alias Babloo.

(3.) According to the prosecution version at the time of the alleged occurrence the deceased Om Narayan Pandey was going on his motorcycle from his house to village Shivrajpur for filling the oil. The first informant, riding on his motorcycle, was also going to Shankargarh Market, the witness Babloo was the pillion rider on that motorcycle. At about 3.30 p.m. the motorcycle of the deceased was overtaken by the maruti car and the deceased was intercepted by the applicant and other co-accused persons m they came down from the maruti car, the applicant and other co-accused Ramesh Garg and co-accused Rakesh Garg were armed with firearms (Aslaha) and co-accused Onkar Shukla alias Babloo was armed with rifle. They discharged the shots at the deceased, consequently, he received injuries and fell down. The co-accused persons were challenged by the first informant from the back side, then they fled away by the car towards the village Shivrajpur. The deceased was taken by a tempo to the Government Hospital, Shankergarh where he was declared dead. Thereafter, the first informant went to the police station and lodged the F.I.R.