AMIT Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Amit with a prayer that he may be released on bail in Case Crime No. 47 of 2005 under Sections 147, 302, 307/34, I.P.C., P.S. Palinpur district Bulandshahr.

(2.) The prosecution story in brief is that the F.I.R. of this case has been lodged by Harendra on 6.6.2005 at 1.15 p.m. in respect of the incident which had occurred on 6.6.2005 at about 12.30 p.m. The applicant and six other persons are named in the F.I.R. It is alleged that on 9.10.2002 one Jagdish Singh was killed by one unknown person in which the first informant was falsely named but he was acquitted by the Court. Thereafter on 6.7.2004 one Sher Pal was killed in which the first informant was falsely named as accused. Due to this murder the applicant son of Sher Pal, co-accused Arun and Ajai sons of Jagdish, Mahipal and others were having enmity with the family of the first informant, on account of this enmity on 6.6.2006 at about 12.30 p.m. the applicant and other co-accused persons armed with country made pistol and guns, discharged shots indiscriminately consequently, shot discharged by the applicant Amit and Arun hit the deceased Jaiveer, Amit and Lalit sons of the first informant also sustained injuries in the said incident. According to the post-mortem examination report, the deceased had received three gun shot wounds of entry and three gun shot wounds of exit. The injured Amit had received 2 injuries caused by firearm but injured Lalit sustained one firearm wound of entry having its exit wound and one abraded swelling.

(3.) Heard Sri J. S. Kashyap and Sri A. N. Pandey, learned Counsel for the applicant, learned A.G.A. and Sri P. K. Srivastava, learned Counsel for the complainant.