AKASH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is the first bail application moved on behalf of applicant Akash, son of Ram Saran in Crime No. 165/2006, under sections 396/412 IPC, P.S. Banna Devi, District Aligarh.

(2.) BRIEFLY prosecution case according to the FIR is that Tejveer Singh, first informant who belongs to district Bulandshahr, was posted as Junior Engineer at Khand Ganga Nagar in Aligarh and he was residing in Vishwa Bank Colony Type-III in Government residence, Aligarh. On 17.04.2006 he and one Mukesh who is son of niece had gone on motor-cycle to his office at 10.30 A.M., from where he had gone towards site, and Mukesh remained in the office. One new servant Mohan Dheemar was left by Mukesh on the date of occurrence at the house of first informant. Thereafter Mukesh reached at about 5 PM at the house of informant and found that the door was not opened after pressing the bell. Thereafter he had gone inside the house from the other door after opening the bolt and found that Smt. Gayatri Devi, wife of informant and his servant Mohan Dheemar were lying dead in the pool of blood. He gave information to the informant through telephone, upon which he had come to his house and found dead bodies of both the deceased. After checking almirah, suit case etc. it was found that valuable articles as cash, ornaments, licensed English Revolver of 32 bore and cartridges etc. were looted by miscreants and his pet animal German Shepherd was confined in the bathroom by the miscreants and one blood stained Banyan and shirt of one miscreant were also found. Thereafter, the report was lodged against unknown persons by the first informant on 17.04.2006 at 5.45 PM. List of looted articles was submitted to the concerned police station by the first informant on 18.04.2006.

(3.) IT is contended on behalf of prosecution that the first informant has three sons who are doctor and engineers. He is also Junior Engineer, belongs to district Bulandshahr and serving in district Aligarh in Khand Ganga Nagar, Aligarh. Co-accused is nephew of the first informant and he lived about 8 or 9 years at the house of informant for the purpose of his education where the occurrence took place. Therefore, his friends usually did come at his house, therefore, they were known by the other persons who used to come at his house namely Thekedars Amar Singh and Devendra Singh. Sometimes ago he had gone from his house as he had no interest in his education. He was annoyed due to behaviour of his wife. It is further contended that one servant Mohan Dheemar the deceased was kept at his house on the same day. It is further contended that German Shephered dog was also valuable at the house of informant and such dog was locked in the bathroom. Thereafter incident took place. This shows that familiar persons had come in the house of informant and committed murder of deceased and looted properties of the informant otherwise dog could not permit the miscreants in entering the house and such dog could not bark upon co-accused Awadhesh and his friends who usually did come at his residence. It is further contended that the present applicant Akash and Kuleep @ Deepu were sent in the noon on the date of occurrence alongwith co-accused Awadhesh in wandering in bank colony where they were seen by Thekedars Amar Singh and Devendra Singh. It is further contended that one week ago of the alleged occurrence, the servant was relieved. In such circumstances, co-accused Awadhesh had knowledge and deeming alone wife of the informant, this incident was committed when new servant was found in the house. He was also murdered for concealing evidence against them. It is further contended that co-accused Awadhesh was arrested by the police who disclosed the name of present applicant and one co-accused Bhola Ram. He made confession and stated that they committed offence with co-accused Bhola Ram and Akash and looted properties have been distributed among them on pointing out of co-accused Awadhesh. According to the statement of co-accused Awadhesh, the name of present applicant has come. Thereafter he was arrested by the police and he also made confession and looted property Yasika camera (Japan) was recovered on his pointing out in district Bulandshahr. This evidence is also admissible against the present applicant, which connect every link in this circumstantial evidence.