SATYAPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) BAIL Application No. 12299 of 1995 has been filed by accused Satyapal and Bail Application No. 13189 of 1995 has been filed by accused Rajendra Singh. As they arise out of the same incident, both the applications are being disposed of by a common order. It is a triple murder case in which it is alleged by the prosecution that on 24.8.1994 Amar Pal Singh along with Satish, Ashok and Satyapal were going on a Tonga at about 1 -00 PM when the accused persons namely Rohtash, Ravi and Satyapal who were armed with guns and accused Ashok, Rajendra and Dharmvir who were armed with a katta came out of a cluster of trees and started firing on the complainant party, The persons in the Tonga jumped out and started running. At the same time Kunwar Pat and Omvir brother and the cousin of the complainant happened to come there on a cycle. Due to intense firing they also ran away. As a result of firing Ashok, Satyapal and Satish lost their lives. The motive of the incident is said to be that a few months back brother of accused Rohtash was murdered and Ashok (deceased) and Satish (deceased) were named in connection with that murder. On account of this enmity the three persons named above were killed.

(2.) IT may be mentioned that co -accused Ashok has been bailed out by the Sessions Judge on the basis of some observations in the case diary and accused Dharmvir has been bailed out on the ground that the Katta which was recovered from him was not found of working order.

(3.) ON behalf of the accused Satyapal it has been argued by Sri S.P.S. Raghav that most of the gun shot injuries are 1 cm. x 1 cm. in dimension and therefore they can not be caused by guns or by Kattas and they are typical revolver injuries. It is also argued that besides the gun shot injuries a lacerated wound and incised wound has also been found on the person of the deceased, though there is no allegation that any sharp edged weapon or a blunt weapon were used.