ABHINIWESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation has been filed by the applicant Ab ­hiniwesh Singh with a prayer that he may be released on bail in Case Crime No. 398 of 2007 under sections 302, 201 I.P.C. P.S. Farah district Mathura.

(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by Awadesh Kumar Singh on 5.11.2007 at 1.00 a.m. in respect of the incident which had occurred in the night of 4.11.2007 in the hostel of Hindustan Engineering College, Farah district Mathura. The applicant and the co -accused Shubham Pandey are named in the F.I.R., it is alleged that the deceased Shivam Dwivedi was a student of B.Tec. I year of Hindustan Engineering College, Farah district Mathura, he was hostel inmate. On 4.11.2007 at about 10 O'clock the first informant got information that his son deceased Shivam Dwivedi was not feeling well, on that information he along with some other persons came to Hindustan Engineering College, Farah but he did not find his son in his room of postal, he came to know from other in ­mates of the hostel that on account of the dispute of some money, the deceased was beaten in the night of his room upartners, namely Abhiniwesh Singh, Shubham Pandey consequently, the deceased suc ­cumbed to his injuries. Thereafter, the dead body of the deceased was hanged by them to give colour of this incident as of hang ­ing, thereafter the first informant went to the police station, Farah where he came to know that the officer -in -charge of the po ­lice station concerned had already gone to the Apollo Hospital, thereafter, the appli ­cant and his companion went to the Apollo Hospital where they came to know that the dead body of the deceased was sent to mortuary, after conducting the post mortem examination, the dead body was handed over to the first informant. Accord ­ing to the post -mortem examination report, the deceased has sustained two ante mor ­tem injuries in which injury No. 1, was contusion on the left face and injury No. 2 was contusion over occipital region of head. Injury No. 3 was a ligature mark over the neck, which was post mortem injury. The cause of death was due to comma as a result of ante mortem head injury.

(3.) IT is contended by the learned Counsel for the applicant that in the pres ­ent case no F.I.R. has been lodged on the basis of hearsay evidence. There is no eye -version account. According to the inquest report, which was prepared on 4.11.2007 the deceased had committed suicide. The I.O. has recorded the statement of Manish Singh, warden of Vivekanand Hostel of Hindustan Engineering College who stated that in the room No. 302, three students i.e. the deceased, applicant and the co -accused Shubham Pandey were residing. The de ­ceased had misused the A.T.M. card of the applicant and withdrawn Rs. 5500/ - and two days prior of the alleged incident Rs. 6,000/ - were withdrawn, when the appli ­cant came to know, he made a quarry from the deceased but he denied the allegation, its information was given by the applicant to his friend Shubham Pandey, Jubin Sharma, Umesh Pratap, Dheeraj Dhigani, Vikram Sinha and Piyush Misra, Raman Katiyar, Sushant Singh, and Amardeep Singh, they sat in the room No. 302 in the night of 3/4 11.2007 and enquired from the deceased who denied the allegation then the applicant and three other had beaten the deceased, thereafter, he admitted that he had used A.T.M. card and thrown the same after tearing it, he promised that he would return the money but the applicant was not satisfied again he and three other co -accused persons beaten the deceased but the other students prevented and went away from the room. Thereafter, the appli ­cant came to know at 8.30 a.m. that the de ­ceased 'had committed suicide. He was taken to the Apollo Hospital where he was declared dead. The statement of Manish Singh was also based on hearsay. The spot inspection prepared by the I.O. and site plan indicate that the door of the room was broken. Thereafter, the statement of Vik ­ram Singh, Piyush Mishra, Raman Katiyar, Amar Deep, Susant Singh and Dheeraj Dhigani, were recorded by the I.O., they also stated that the deceased had miscued the A.T.M. of the applicant and had with ­drawn a sum of Rs. 11,500/ - regarding which a mar -peet took place. Thereafter, on 7.11.2007 the chadar by which the deceased was hanging, and iron chikni were taken into possession by the I.O., its recovery memo was prepared. Thereafter, on 8.11.2007 the I.O. received the finger print of the all accused persons including the applicant and sent it for expert opinion.