RAMVEER Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. The applicant Ramveer son of Rajveer has applied for bail in case crime No. 126/06, under Sections 302, 323 and 504 I. P. C. , P. S. Rajpura, District Budaun.

(2.) BRIEFLY prosecution case according to the F. I. R. is that Layak, the first informant and his brothers Kundan and Kunwarpal were thrashing from pile of wheat in back side of their house and at the same time, their neighbours Rajveer, Ramveer and Narendra reached there with tractor and said for thrashing from pile of wheat firstly, upon which it was refused to do the same as wanted, consequently all the three accused persons had started abusing to all the three brothers above. It was objected then all the three brothers above, were beaten by lathis, thereafter they had come to their house after running, then all the three accused persons brought country made pistol and rifle from their house and reached at the gate of the first informant, then Ramveer accused shot fire upon Kunwarpal at the exhortation of Rajveer and Narendra, consequently he sustained fire arm injuries at about 2 p. m. who died on the spot. After leaving dead body of his brother, the informant lodged the F. I. R. on 19-4-2006 at 4 p. m.

(3.) LEARNED A. G. A. has opposed the prayer for bail by submitting that he is main assailant to commit murder of deceased.