GUDDU Vs. STATE OF U P

JUDGEMENT

(1.) This application has been moved by the applicants Guddu and Dannkoo with a prayer that they may be released on bail in Case Crime No. 118 of 2005, under sections 147,1 148, 149, 302/34, I.P.C. P.S. Binawar, District Badaun.

(2.) The prosecution story, in brief, is that the F.T.R. of this case has been lodged by Sint. Sairya Bano on 8.4.2005 at 3.15 a.m. in respect of the incident which had occurred on 8.4.2005 at about 1.00 A.M. The F.I.R. has been lodged against the applicants and other co-accused persons alleging therein that in the night of the alleged incident Maid Khan was sleeping on the roof of his house, his wife Smt. Sairya Banu and his daughter Km. Raiysa were sleeping on the floor and his sons Mohd. Navi and Mohd. Hosiyar Khan were sleeping on the ground. At about 1.00 a.m. nine accused by climbing through the stairs came on the roof and the wife of the deceased was caught hold by Sartaj and Jakir and she was hold away, the applicants fired at the deceased, thereafter they ran away. The alleged incident was witnessed in the light of lantern. There was enmity between the accused Sartaj and others on the one hand and the deceased and Majid on the other hand. According to the post-mortem examination report, the deceased had received two gun shot wound of entries i.e. one on the right scapula and other on the left side back of the chest, blackening and tattooing around the wound were found.

(3.) Heard Sri P.N. Mishra, Senior Advocate assisted by Sri Apul Mishra, learned Counsel for the applicants and the learned A.G.A. for the State of U.P.