BABLEE ALIAS JAIPAL Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Bablee alias Jai Pal with a prayer that he may be released on bail in Case Crime No. 613 of 2006 under Section 302, I.P.C. P.S. Hasanpur district J.P. Nagar.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Jabar Singh on 27.7.2006 at about 10.15 a.m. in respect of the incident which had occurred on 26.7.2006 at about 10 p.m. THE distance of the police station was about 9 k.m. from the place of alleged occurrence. THE applicant and the co-accused Kapil, co-accused Mahendra are named in the F.I.R. It is alleged that the marriage of the deceased Smt. Akhilesh, daughter of the first informant, was solemnized with the co-accused Kapil Chauhan son of the applicant on 1.5.2006. THE deceased was ailing after the marriage. About three days prior the occurrence, the deceased had come to the house of the first informant from her in laws house on 26.7.2006. THE co-accused Kapil, his father present applicant and Mahendra came at the house of the first informant and asked to provide medical aid to the deceased but after a short period one Pushpendra gave information to the first informant that the deceased was seen by him in the company of the applicant and two others co-accused persons towards the field of one Tulsi Singh. On that information, a suspicion was created, then the first informant and other persons came towards the field of Tulsi Singh and on hearing the sound of the deceased coming out from the grove of Tulsi Singh and saw that the deceased was lying on the ground, her head was caught hold by the co-accused Kapil and her legs were caught hold by the co-accused Mahendra Jatav and the applicant used spade blows on the neck of the deceased. In the process of causing injury, the co-accused Kapil also received injuries on the left hand because he was catching hold the head of the deceased. THE applicant alongwith spade and the co-accused were apprehended on the spot by the first informant and others. THE applicant tried to ran away from the alleged place of occurrence but after using necessary force by the first informant and others, the applicant could not flee away from the place of occurrence but the co-accused Mahendra Jatav successfully escaped from the place of occurrence.

(3.) IT is contended by the learned counsel for the applicant that the alleged occurrence has not taken place at the house of the applicant, the applicant is the father in law of the deceased. The deceased was murdered in a grove outside the village of the first informant in some other manner and in that incident the applicant and co-accused Kapil had also received injuries. There was no motive or intention for the applicant to commit the murder of the deceased. The cause of death was due to asphyxia. After receiving the neck injuries the deceased could not be in a position to cry. The recovered spade has not been sent to the chemical examination, its use was highly doubtful. The injuries received by the co-accused Kapil are serious in nature, which could into be caused as alleged by the prosecution. Smt. Rajbala wife of the applicant has filed a Cross Complaint Case No. 374 of 2006 against Jabar Singh and others which is still pending. The applicant is innocent. He is an old man. He has not committed the alleged offence but he has been falsely implicated due to ill will of the first informant.