RAMESHWAR RAM Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This applica tion has been filed by the applicants Rameshwar Ram, Sub-Inspector, Ashok Kumar Constable No. 753 and RAVINDRA Maurya Constable No. 657 with a prayer that they may be released on bail in Case Crime No. 63 of 2006 under sections 147, 148, 149, 302, 218 and 34 I. P. C. P. S. Pipri, District Sonebhadra.

(2.) THE prosecution story in brief is that the F. I. R. of this case has been lodged by Kashinath Singh, Inspector C. B. C. I. D. , Varanasi on 21. 2. 2006 at 6. 45 p. m. At P. S. Pipri in respect of the incident which had occurred on 2. 9. 2003 in case crime No. 63 of 2006 (C. B. No. 342 of 2006) under sections, 147, 148, 149, 302, 201, 218, 342 and 34 IPC, against the applicants and twelve other co-accused persons. Its F. I. R. has been regis tered after conducting the preliminary en quiry which was entrusted to the C. B. C. I. D, by Additional District Magistrate, Sonebhadra because the District Magis trate, Sonebhadra has directed the A. D. M. for conducting Magisterial inquiry, who submitted the inquiry report dated 17. 8. 2004 with recommendation that the investigation of this case may be entrusted to C. B. C. I. D. because in the alleged incident dated 2. 9. 2003 two persons were killed in a fake police encounter. THE recommenda tion of the Additional District Magistrate, Sonebhadra has been accepted by the State Government and the investigation of this case was transferred to C. B. C. I. D. from civil police, Sonebhadra. In a preliminary inquiry the C. B. C. I. D. came to the conclu sion that the deceased persons namely Prabhad Kumar and Rame Shanker alongwith Ram Pravesh and Jai Shanker who were apprehended by the police from the platform of railway station Jharokhas when they had come down from a train to take the water. THEy travelling in a train which was stationed there for the purpose of crossing the other train, Ram Pravesh and Jai Shanker were taken up by the po lice in a jeep but after covering some distance they were taken in a bus to the police out post Dala but the deceased Prabhat Kumar and Rama Shanker were taken by the police in another train and they were taken down from the train at railway sta tion Renukoot. It was witnessed by the public subsequently the police has shown an encounter with the miscreants and lodged the F. I. R. at P. S. Pipri in case crime No. 321 of 2003 under sections 147,148,149 and 307 IPC and case Crime No. 320 of 2003 under section 25 Arms Act, it was lodged by S. S. I. Jai Nath Misra, on 2. 9. 2003 at 3. 30 p. m. alleging therein that applicants and 12 other co-accused persons came in search of the miscreants who had commit ted the bus robbery in the night of 1/2, 9. 2003 in a jungle, at about 12. 30 p. m. , the miscreants discharged the shots towards the police party, in the self defence the applicants and other police personnel also discharged the shots consequently two miscreants (the deceased of this case) lost their lives whose dead bodies were found in the jungle near the dead-body of a mis creant one country made pistol and four empty cartridges were found and from the possession of another miscreant one S. B. B. L gun, five empty cartridges and four live cartridges in his belt were found, but in the said incident no police personal sustained any injury. THE dead bodies of the miscre ants could not be identified, after preparing the inquest report the dead bodies were sent to the mortuary. THE story of the police showing encounter was absolutely false and baseless, therefore, the District Magis trate, Sonebhadra set up a Magisterial in quiry in which it was found that story set up by the police was false and concocted and all the police personal who were claiming that they fired at the miscreant in the self defence have been made accused in the present case. THE post-mortem ex amination reports show that one of the de ceased had sustained two fire-arm wounds of entry, two exit wounds, two other abra sions and another deceased had sustained two gun shot wounds of entry, two exit wounds and one abrasion. THE applicants and other co-accused have killed two inno cent persons thereafter a false story of po lice encounter has been concocted. THE applicants applied for bail before learned Sessions Judge, Sonebhadra, who rejected the same on 18. 5. 2007, being aggrieved from the order dated 18. 5. 2007 the present bail application has been filed by the appli cants.

(3.) THE F. I. R. lodged by the police showing the police encounter is highly doubtful because no other miscreant has been shown apprehended by the police at the time of the alleged encounter but sub sequently two other persons namely Ram Pravesh and Jai Shanker who were also apprehended from railway station Jharok has have been made accused and the re covery of one country made pistol along with three live cartridges and Rs. 500 has been shown from the possession of the Ram Pravesh and recovery of two live car tridges and two silver chain has been shown from the possession of the Jai Shan ker. THE recovered articles have not been identified by any person. It is further submitted that in the present case the magisterial inquiry was done in which it was found that the story of encounter shown by the applicants and other co-accused person was false, the deceased were innocent persons, they were appre hended by the police from Jharokhas rail way station subsequently they have been killed. After Magisterial inquiry the matter was handed over to C. B. C. I. D. during in vestigation I. O. recorded the statements of Jai Nath Mishra who was S. S. I, of Duddhi on the dty of alleged incident, he is also ac cused of the present case. He stated that in the night of 1/2. 9. 2003 at about 10 p. m. he left the police station in the company of other constable for the purpose of patrol ling but in the night about 1. 30 a. m. he re ceived information that the bus has been robbed in the jungle of Rantoka, its infor mation has been registered at P. S. Renuk-oot thereafter at about 8. 00 a. m. On 2. 9. 2003 a wireless message has been given to police station concerned on the direction of the S. P. Sonebhadra he also came at the place of occurrence on 2. 9. 2003 and he also join the combing party, at about 12. 30 p. m. the miscreants fired at the police party con sequently two miscreants were found dead, from their possession one country made pistol and S. B. B. L. gun have been recov ered, they could not be identified by any person, in that police encounter no police personal had sustained any injury. Its re port was registered in case crime No. 321 of 2003 under sections 147, 148, 149 and 307 IPC and crime No. 322 of 2006 and 323 of 2006 under section 25 Arms Act. THE in quest report was prepared as of unknown miscreants but subsequently they were identified as Prabhat Kumar Arun and Rama Shanker Sahu. THEreafter S. I. Gopal Singh was sent to the native places of the deceased for the purpose of giving infor mation and to hand over the dead bodies, but family members of the deceased did not want to take the dead bodies. THEreaf ter their cremation was done at the bank of Kanhat River. It has also been stated by the witnesses that the distance of the place of robbery and the place of recovery of dead bodies was about 40 to 50 meters. It is fur ther stated that the miscreants were seven or eight in number. THE statement of the co-accused Jai Narain Misra is absolutely false and concocted; it has been contro verted by family members of the deceased also because they have stated that the infor mation was given to them after doing the cremation.