RAVINDRA PRATAP SHAHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for bail preferred on behalf of Ravindra Pratap Shahi applicant involved in case Crime No. 53 of 1987 under sections 147, 148, 149, 302, 379 and 427 I.P.C. police station Kothi Bhar, District Gorakhpur.

(2.) The occurrence in the instant case is alleged to have taken place at 2.45 P.M. on 15th June 1987 at the fag end of the election of delegates to Sahkari Ganna Samiti, Sisua Bazar in village Bariarpur within the jurisdiction of police Station Kothi Bhar. In the above occurrence, the First Information is Virendra Pandey son of Bhagwat Pandey one of the four deceased, who lodged a report of the occurrence at 5.45 P. M. at Police Station Kothi Bhar, wherein 19 persons were nominated by him as accused alongwith some other unknown persons. Out of the aforesaid accused persons nominated by him in the First Information Report, Ravindra Shahi applicant was alleged to be armed with a gun and the remaining accused persons were said to be possessed of Farsas, Gadansas and Lathies. In the First Information Report, it was alleged by the complainant Virendra Pandey that accused persons formed an unlawful assembly and committed rioting during the course of occurrence as a result of which four persons, namely, Bhagwat Pandey, Ram Ugra, Sahodar Pandey and Subhash Pandey lost their lives at the hands of the accused. Bhagwat Pandey and Ram Ugra deceased had sustained incised and lacerated wounds whereas Subhash Pandey and Sahodar had received incised and gun-shot injuries. As stated above, out of the aforesaid accused persons Ravindra Shahi was alleged to be armed with gun and the remaining accused persons were possessed of Farsas, Gadansas and Lathies who sweeped upon the aforesaid deceased persons and caused their death by inflicting gun-shot injuries and Farsas Gadansas and Lathies blows on the deceased and all the four deceased had succumbed to their injuries on the spot. Thereafter assailants had escaped from the place of occurrence.

(3.) After the occurrence, a report of the incident was lodged by Virendra Pandey at 5.45 P.M. at the Police Station Kothi Bhar which lies at a distance of 8 Kms. from the village where the occurrence had taken place and consequently a case under sections 147/148/149/, 302/379/427 I.P.C. was registered against the aforesaid 19 persons and some other un known persons at the police station.