MALKHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed by the applicant Malkhan with a prayer that he may be released on bail in Case Crime No. 72 of 2006, under sections 147, 148, 149, 307 and 302/34, I.P.C., P.S. Nanauta, District Saharanpur.

(2.) The prosecution story, in brief, is that the F.I.R. of this case has been lodged by Sri Prem Pal on 30.4.2006 at 12.50 p.m. in respect of the incident which had occurred on 30.4.2006 at about 8.30 a.m. The distance of the police station was about 6 kms from the alleged place of occurrence. The F.I.R. was lodged against the applicant and 6 other accused persons alleging therein that a litigation between the first informant and the accused Veer Singh and the applicant Malkhan Singh was pending in the Court of Consolidation Officer. Its pairavi was done by the deceased Raj Kumar. The case was decided in favour of the first informant, even on 29.4.2006, one day prior the alleged offence, co-accuseds Veer Singh, Karesan, Nakli, and Bhushan and others dropped the bricks at the alleged disputed place for the purpose of taking the possession of that area. Its complainant was lodged at the police station Nanauta. The police came at the place of occurrence and bricks were removed from that disputed place. Due to this enmity on 30.4.2006 at about 8.30 a.m. the deceased Raj Kumar was sitting at the Gher of Babu, where the witnesses Ramesh, Anuj and Raj Kumar son of Raghubir were also sitting. The applicant and other co-accused persons having the country made pistols and guns entered into the Gher of Babu and discharged the shots at the deceased, consequently, the deceased, Anuj, Ramesh and Raj Kumar son of Raghubir received gunshot injuries. They were taken to the Government Hospital, Saharanpur, but the deceased Raj Kumar succumbed to his injuries in the way and injured Ramesh, Anuj and Raj Kumar son of Raghubir were admitted in the hospital, whose condition was serious. Thereafter, the F.I.R. was lodged. According to the post-mortem examination report of the deceased Raj Kumar son of Jaipal, he received 4 ante mortem injuries. All the injuries were firearm wound of entries. According to the medical examination reports the injured Anuj received one gunshot wound of entry on the right side chest, injured Raju alias Raj Kumar son of Raghubir has received 6 gunshot wounds of entry and injured Ramesh has received one gunshot wound of entry.

(3.) Heard Sri S.P.S. Raghav, Senior Advocate assisted by Sri Anil Raghav learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Sudhansu Srivastava learned Counsel for the complainant.