GORI Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Gori and Pappu with a prayer that they may be released on bail in Case Crime No. 2273 of 2006 under Sections 147, 148, 149, 302, 323, 506 and 34, I.P.C. P.S. Kotwali Nagar district Muzaffarnagar.

(2.) THE prosecution story in brief is that that F.I.R. of this has case been lodged by one Maroof at P.S. Kotwali on 28.10.2006 at 6.30 p.m. in respect of the incident which had occurred on 28.10.2006 since 3.30 p.m. to 3.40 p.m. near Kadir Rana Chowk Khadar Wala, the distance of the police station was about 1 km. from the alleged place of occurrence. THE applicants co-accused Kadir Rana and co-accused Noor Salim are named in the F.I.R. and two miscreants were unknown. It is alleged that on the day of the alleged occurrence voting for election of Nagar Palika, Muzaffar Nagar was going on in which injured Rashid Siddiqui was candidate from Samajwadi Party for the post of Chairman, there was a candidate from the Lokdal Party also. THE co-accused Kadir Rana was the State level leader of Lokdal Party, on various occasions at different polling booth, there had been some altercations between injured Rashid Siddiqui and the co-accused Kadir Rana. THE first informant was driving the vehicle of Rashid Siddiqi in which the deceased Muzaffar Rana Ex-Pradhan, injured Raizul, one gunner Subodh of Rashid namely and injured Rashid Siddiqui were also sitting, they were going towards Prempuri from polling station of Jainbia school, when reached in front of the house of co-accused Kadir Rana at about 3.30 p.m. the co-accused Kadir Rana armed with pistol, co-accused Noor Salim armed with country made pistol, applicants armed with lathi, and two unknown miscreants, who were also armed with lathi met them who were standing there, they intercepted by using lathi blows on the vehicle, thereafter all the occupants of the vehicle were forcibly dragged out one by one, then the co-accused Kadir Rana and co-accused Noor Salim caused fire arm injuries on the person of the deceased Muzaffar Rana, consequently, he became injured the first informant Maroof, Rashid and Riazul were also beaten by lathis when the gunner of Rashid Siddiqui discharged shots in air just to scar away the assailants then the assailants fled away from the place of occurrence. THE deceased in an injured condition was taken to the hospital where he was declared dead. THEreafter, the first informant went to the police station and lodged the F.I.R. of this case. THE Post Mortem examination on the body of the deceased was done on 28.10.2006 at 10.45 p.m., as per Post Mortem Examination Report, the deceased has received five ante-mortem injuries in which injury No. 1 was gun shot wound of entry on the right side of the face, its exit wound was injury No. 2. Injury No. 3 was gun shot wound of entry on the left side of abdomen its exit wound was injury No. 4 and injury No. 5 was abraded contusion on the upper arm.

(3.) HEARD Sri Satish Trivedi, senior advocate, assisted by Sri Kamal Kishore Mishra and Sri V. P. Srivastava, senior advocate, assisted by Sri Lav Srivastava for the applicant, learned A.G.A. for the State of U. P. Sri J. S. Sengar and Kameshwar Singh, learned counsel for the complainant.