PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicant Pratap Singh with a prayer that he may be released on bail in Case Crime No. 141 of 2006 under Sections 304 and 308, I.P.C. P.S. Dannahar district Mainpuri.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Hradaya Ram on 27.5.2006 at 3.15 p.m. in respect of the incident which had occurred on 27.5.2006 at about 7.15 a.m. alleging therein that a conversation was going on in respect of the partition of the property between the first informant and his brother, the applicant Pratap Singh but the applicant and his son co-accused Hari Om became agitated and climbed on the roof having unauthorized firearm and discharged shots indiscriminately consequently the first informant, his son deceased Satish alias Pinki and his nephew Mahesh, received the injuries and they fell down. THE alleged occurrence was witnessed by Kamlesh, wife of the first informant Mahabir and other villagers. After committing the alleged offence the accused persons ran away from the place of occurrence by discharging shots. THE injured persons were taken to district hospital but during treatment deceased Mahesh succumbed to his injuries, leaving his dead body in the hospital the first informant went to the police station to lodge the F.I.R.

(3.) IT is contended by the learned counsel for the applicant that the applicant belongs to the family of the deceased. There was no motive or intention to commit the alleged offence, the alleged occurrence had taken place in a sudden quarrel, it was not pre-intended. The injuries were caused from the roof as alleged by the prosecution, which shows that the injuries were not caused with the intention of committing the murder of the deceased. The F.I.R. is delayed without any plausible explanation. There is no independent witness to support the prosecution story. The prosecution story is not corroborated by the medical evidence. The applicant is an old and sick man aged about 60 years. He is in jail since 31.5.2006. He is not having any criminal antecedent. He is an innocent person. Therefore, he may be released on bail.