SUBHASH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This appli cation has been filed by the applicant Sub-hash with a prayer that he may be released on bail in Case Crime No. 160 of 2008 un der sections 302, 109, 120-B IPC P. S. Kavi Nagar, District Ghaziabad.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by J. P. Singh on 17. 2. 2008 at 10. 00 p. m. in re spect of the incident which had occurred on 17. 2. 2008 at about 8. 30 a. m. at P. S. Kavi nagar, the distance of the police station was about 3 km. from the alleged place of occur rence. THE FIR has been lodged against two or three unknown boys alleged therein that the deceased Ajay Chaudhary who was working as Manager in a Firm of Greater Noida was having a cell phone conversation when he was standing on the road side out of his house at about 8. 30 a. m. on 17. 2. 2008, in the meantime two or three unknown boys came there and caused gun shot injury on his head consequently he fell down. THE persons who committed the murder of the deceased were identified by the first infor mant and his daughter-in-law in electric light. THE deceased in an injured condition was taken to Yashoda Hospital where he was declared dead. According to the post mortem examination report the deceased has sustained six ante mortem injuries in which injury Nos. 1, 3, 4 and 5 are gun shot wounds of injury, injury Nos. 2 and 6 were gun shot wounds of exit. During investigation the statement of Smt. Deepa wife of the deceased was recorded under section 161 Cr. P. C. who also identified the accused per sons she stated that the persons who caused the injures was aged about 30 to 35 years. He was already seen by her and remem bered that he was often seen in the balcony of one Ranjana who is her neighbour. THE statement of Smt. Deepa was recorded on 18. 2. 2008 i. e. on the next day of the alleged incident thereafter the I. O. came to the quarter of Ranjana which is in front of the house of the deceased on the first floor but the same was found locked. On 27. 2. 2008 the applicant was seen by the first informant at the house of Smt. Ranjana, it's information was given by the first informant to the officer-in-charge of P. S. Kavi Nagar, on that information the officer-in-charge of P. S Kavi Nagar came at the house No. 831, Sanjai Nagar Sector 23 Kavi Nagar and found one men and one woman inside the house who became too much perturbed after seeing the police. In the meantime the first informant J. P. Singh, Smt. Deepa wife of the deceased along with many other persons came at the house of Smt. Ranjana and identified the applicant who committed the murder of the deceased. THE applicant was apprehended by the police who made a confessional statement before the police by narrating the story that he was having illicit relations with Smt. Ranjana but it was opposed by the de ceased who was saying that in that locality the sisters and daughters are living who were badly affected by his relationship with Smt. Ranjana thereafter at the saying of Smt. Ranjana the deceased was killed by him on 17. 2. 2008 at about 8. 30 p. m. THE applicant and Smt. Ranjana were taken into custody by the police and at their pointing out of the applicant his licensed revolver which was used in the commission of the murder of the deceased was recovered from a room at about 3. 45 p. m. on 27. 2. 2008, the empty car tridges used in the commission of the al leged offence were found in the round chamber of the revolver, some live car tridges were also in the said chamber.

(3.) IT is contended by learned Counsel for the applicant that in the present case the applicant is not named in the FIR, the ap plicant was apprehended by the police on the basis of doubt and suspicion on 27. 2. 2008 and has been falsely implicated. In the present case along with Smt. Ranjana the first informant and Smt. Deepa, the wife of the deceased are not eye-witness of the alleged incident because they have came out to their house after hearing the sound of firing. According to the FIR two or three unknown miscreants have commit ted the alleged offence but subsequently it has been specified that only the applicant who committed the murder of the appli cant the FIR version has been changed. The alleged occurrence has taken place in the dark hours of the night, there is no other witness of the alleged incident. According to the statement of first informant two un known miscreants caused injuries on the person of the deceased but according to the statement of Smt. Deepa only one person aged about 30 or 35 years had committed the alleged offence, it shows that they have not seen the alleged incident. The applicant has named after 10 days of the alleged in cident and he has not been put up for identification. The recovery of licensed re volver of the applicant from his house is not connecting with the commission of the alleged offence. The applicant is peace loving person. He has been falsely impli cated only on the basis of doubt and suspi cion. The co-accused Smt. Ranjana has been released on bail on 11. 3. 2008 by learned Sessions Judge, Ghaziabad, therefore, the applicant may also be released on bail.