RAKESH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is the first bail application moved on behalf of the applicant Rakesh Chandra, involved in case Crime No. 51-A of 2005, under sections 302,307 and 504, I.P.C., Police Station Chilla, district Banda.

(2.) Heard Sri Jagdish Singh Sengar, Senior Advocate assisted by Sri V.S. Chaudhary, learned Counsel appearing on behalf of the applicant and Sri Amit Mishra and Sri Rajeev Trivedi, learned Counsel appearing on behalf of the complainant as well as learned A.G.A. I have also perused the whole records.

(3.) Learned Counsel for the applicant has contended that the firing was made roughly from a distance of 5-10 meters but blackening, tattooing and charring are present upon the dead body of the deceased according to the postmortem report. Therefore, it could be caused from a very close range of 4-5 inches. It is further contended that there was cross version of this case in which one girl sustained injuries. The father of the girl had denied the medical examination of his girl. A cross F.I.R. was also registered against the deceased as well as the first informant and others wherein charge-sheet has been was submitted by the Investigating Officer for the sections 307/504, I.P.C. Both sides received injuries. Therefore, both sides lodged the F.I.Rs and, as such, it cannot be said at this stage as to who was the aggressor. According to the first information report, the occurrence took place in grave and sudden provocation, as there was no premeditation or prior meeting of mind. The injured (deceased) lost his life after two days of the incident under the medical supervision as a result of the septicemia, which is definitely because of medical negligence and improper treatment. It is further contended that the medical evidence does not corroborate the prosecution case and is in conflict from the nature of the injuries of the deceased. It is obvious that the same had not been caused by a rifle. A bullet was found in abdominal cavity though there was no obstruction its path. It is obvious that the same was not fired by a powerful fire-arm like rifle, otherwise same would have been caused an exit wound, particularly, when it had struck the abdominal part, that too from close range. It is further contended that a letter was sent by Sri Vichitra Veer Singh, Senior Advocate, Civil Lines, Banda to Sri O.P. Mani Tripathi, retired Ballistic Expert, seeking his opinion and according to ballistic expert report, shot was fired from a distance of few inches and the bullet, which was recovered from the dead body appears to have been fired from a country made fire-arm. In such circumstances, the bail application of the present applicant is liable to be allowed.