SATISH Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed by the applicant Satish with a prayer that he may be released on bail in Case Crime No. 447 of 2007 under Sec. 302, I.P.C. P.S. Daurala, district Meerut.

(2.) The facts of the case in brief are that the F.I.R. of this case has been lodged by Pratap Singh on 23.8.2007 at 11.30 a.m. in respect of the incident which had occurred on 22.8.2007 at about 2.00 or 3.00 p.m., the distance of the police station was about 4 km. from the alleged place of occurrence. The applicant and co-accused Vijendra and Yogendra are named in the F.I.R. it is alleged that the deceased Rajendra was taken his cattle' often to the grove of one Jaiveer near Kali Mata temple. The co-accused Vijendra was having the tube well in front of the temple. The applicant and the co-accused Vijendra and Yogendra were objected for grazing the cattle there and on account of this dispute there have been marpeet between the deceased and the accused persons about 10 days prior the alleged incident and threat was extended by them that in case, the deceased was seen there in future, he would be scarified to Kali Mata. On 22.11.2007 at about 2.00 or 3.00 p.m. the deceased was grazing his cattles near the grove, the deceased was thirsty, he went to the temple of Kali Mata to drink the water, where the applicant and other co-accused persons were ambushing for the purpose of making assault. They assaulted the deceased and committed his murder. The alleged incident was witnessed by Ram Kumar son of the deceased, seeing this incident he was too much disappointed and was under fear, therefore, in order to save his life, he went to the jungle where he was hiding. In the morning on 2.3.2007 at about 7.00 a.m. information of this incident was given to the first informant, then the first informant and others came in search of the deceased near the temple and found the dead body of the deceased in a sugarcane field. According to the post-mortem examination report, the deceased has sustained ante-mortem injuries in which injury Nos. I and 5 were contusion, injury No. 4 was lacerated wound, injury Nos. 2 and 3 were abraded contusion. The cause of death was Asphyxia due to smothering.

(3.) Heard Sri V.P. Srivastava, Senior Advocate, assisted by Vivek Kumar Singh and Pradeep Singh Sisodia, learned Counsel for the applicant, learned A.G.A. for the State of U.P.