HORAM AMIT KUMAR Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. The applicant Horam has filed criminal misc, Bail application No. 3351 of 2008, the applicant Amit Kumar, Dharmendra Singh alias Mintoo have filed Criminal Misc. bail application No. 713 of 2008 and the applicants Sudeep Kumar Yadav and Mithilsh Kumar Yadav have filed criminal misc. bail application No. 3352 of 2008 with a prayer that they may be released on bail in case crime No. 336 of 2007 under sections 364, 308 and 302 I. P. C. P. S. Ajitmal district Auraiya. All the bail applications arising out of the same offence, therefore, they are being disposed of by a common order.

(2.) THE prosecution story in brief is that the F. I. R. of this case has been lodged by Hirday Narain Shukla on 11. 7. 2007 at 2. 30 p. m. in respect of the incident which had occurred on 11. 7. 2007 at 10. 30 a. m. distance of the police station was about 10 km from the alleged place of occurrence. THE applicants and co-accused Sudeep Kumar alias Pappu are named in the F. I. R. It is alleged that on 11. 1. 2007 at about 10. 30 a. m. the applicants and the co-accused Sudeep Kumar alias Pappu and Mithilesh Kumar came at the shop of deceased Shishupal on three motorcycles, who were having enmity over a college with the deceased. On account of this enmity the deceased was forced at the rifle point by the applicant Horam and the co-accused Sudeep Kumar alias Pappu to ride on the motorcycle, thereafter the applicant Amit Kumar also sit on the same pillion in the back side of the deceased. THE deceased was taken towards Sengar River where the deceased was beaten badly by the applicants and two other co-accused persons by using lathi, danda, kicks, fists, rifle's butt blow for about 1,1/2 hours. THE alleged occurrence was witnessed by Vimlesh Kumar and Shivkesh Kumar, they objected also but they were driven by the applicant Horam and the co-accused Sudeep Kumar, thereafter, the deceased was taken by the applicant and other co-accused persons in serious condition towards Ajitmal but he succumbed to his injuries in the way, the same accused persons has done marpeet with Uma Shanker also who had also sustained injuries, the dead body of the deceased lying in C. H. C. Ajitmal, according to the post-mortem examination report of the deceased he had sustained four ante mortem injuries, all the injuries were contusion. THE injured Uma Shanker had sustained four injuries caused by blunt object.

(3.) IN reply to the above contention it is submitted by the learned Counsel for the complainant that the deceased Shishupal forcibly abducted by the applicants and other co-accused persons, he was taken towards Sengar River where he was badly beaten, the injured Uma Shanker was also beaten by them. The defence taken by the applicant that the deceased and the injured were identified by the villagers on 21. 6. 2007, they had stolen the she buffalo about 20 days prior the alleged incident, is not- reliable at all. The F. I. R. has been promptly lodged. There is no inconsistency in the prosecution story, therefore, the bail application moved by the applicants may be rejected.