MONTY Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed seeking the release of the applicant on bail in Case Crime No.1040 of 2015 u/s 302 ,34 Penal Code P.S. Sector 39 Noida District Gautam Budh Nagar.

(2.) Heard learned counsel for the applicant and learned A.G.A. Perused the record.

(3.) The central facts of the prosecution version are that the first informant lived in a flat situated in NOIDA along with two other persons namely Sandesh (deceased) and Madhur Dayavashu. On the day of incident there were two guests also in the house namely Pratyush Sharma and Prem Nath. At about 3.30 P.M. the call bell rang and in order to attend the same Sandesh (deceased) went to open up the door. Just at that time the report of firing was heard, the deceased cried aloud and said ".........Aman, do not kill me." On hearing this, the first informant rushed towards the spot and saw co-accused Aman carrying an axe and the applicant carrying a country made pistol in his hand. Repeated blows of axe were delivered by co-accused Aman on the deceased while the applicant used his pistol and shot the deceased down. Co-accused Aman is a student in Amity University and it is said that about a month back when the first informant and the deceased and co-accused Aman and another friend Madhur were enjoying a party, the first informant was speaking Telgu with his other friends and was laughing with them. The co-accused Aman misunderstood the situation and thought that a fun of him was being made by these people which included the deceased Sandesh. He reacted sharply at that time and as all these people had taken some mild drinks also, the co-accused Aman at that time gave the threat telling these people that he is a "Jat" and he will shoot them down. Somehow he was pacified and he made to go. It was with this background of intense heartburn and the feelings of slight and humiliation in which on the day of occurrence co-accused Aman along with the applicant, who was his friend, came up to first informant's residence and perpetrated this audacious crime. After the incident the deceased was got down and somehow was rushed to hospital but could not survive and succumbed to the injuries. He was declared dead by the doctors.