WAHID Vs. STATE OF U P

JUDGEMENT

(1.) - This application has been filed by the applicant Wahid with a prayer that he may be released on bail in Case Crime No. 263A of 1998 under Sections 147, 148, 149 and 302, I.P.C, and 3 (1) (x) of S.C.S.T. Act, P.S. Garh Mukteshwar, district Ghaziabad.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Smt. Brahma on 13.7.1998 at 9.30 a.m. in respect of the incident which had occurred in the night of 11/12.7.1998. THE applicant and four other co-accused are named in F.I.R. It is alleged that the deceased Shashi Kant, the son of the first informant was working at his field, he was called by the applicant and four other co-accused persons and he went in their company at about 6.00 p.m., thereafter he did not return to his house. On 12.7.1998 the deceased was murdered by the applicant and four other co-accused persons by using spade blows and causing gun shot wound of entry because there was a dispute between the deceased and accused person. THE F.I.R. of the first informant was not registered on 12.7.1998 even the first informant was not permitted to see the dead body of the deceased. According to the post mortem examination report the deceased had received three incised wounds and one gun shot wound of entry.

(3.) IN reply of the above contention, it is submitted by learned A.G.A. that the deceased was taken by the applicant and other co-accused from his field subsequently he was done to death by them. But after committing the murder applicant come on different version acquitting the deceased person. Applicant was having enmity with the deceased. The prosecution story is fully corroborated by the medical evidence. The applicant being a powerful person using his influence upon the investigating agencies but ultimately the matter was transferred to C.B.C.I.D. who submitted the charge-sheet against him. The deceased was not having criminal antecedents, the participation of the applicant in the commission of the alleged offence has been established by statement of witnesses, in case the applicant is released on bail, he shall tamper with evidence.