BAUNA Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Bauna with a prayer that he may be released on bail in case crime No. 254 of 2007 in case crime Nos. 147, 148, 149 and 302 I. P. C. P. S. Nangal, district Saharanpur.

(2.) THE fact of the case in brief are that the F. I. R. of this case has been lodged by Ismail on 30. 11. 2007 at 12. 35 p. m. in respect of the incident which had occurred on 30. 11. 2007 at 11. 30 a. m. It is alleged that the deceased Shaukat Rana was Pradhan of the village, he was residing at Saharanpur city, he was invited by Ummed Ali in his daughter's marriage where he had come on 30. 11. 2007, the marriage function was going on at about 11. 30 a. m. , the brother of the bride in a jubilant mood discharged shot by a country made pistol but the same was missed at that time a shot was discharged all of a sudden which hit Parves brother of the bride, thereafter, the deceased went to the house of Mulla Maqsood and was sitting in a room of the first floor, at about 10 minutes thereafter, the applicant and six other co-accused persons armed with balkati, sword, lathi and danda entered into the house of Maqsood who dragged out the deceased from the room to courtyard and caused injuries by their respective weapon. Consequently, the deceased fell down thereafter, a stone blow was also used in causing injuries on his head. According to the post-mortem examination report, the deceased has sustained 15 ante-mortem injuries.

(3.) IN reply to the above contention, it is submitted by the learned A. G. A. and the learned Counsel for the complainant that the applicant and other co-accused persons have committed the murder of the deceased in a pre-planned manner entering into the house of Maqsood. The deceased was dragged out to courtyard by the co-accused persons where he was done to death, after lodging the F. I. R. the statements of the first informant and two other witnesses were recorded, according to their statements, the applicant also actively participated in causing injuries on the person of the deceased but after 5 days of the alleged incident, the statement of Mustafa and two other witnesses were recorded in which it was mentioned in the last that the role of catching hold of the deceased at the time of alleged incident, the gravity of the offence is too much. IN case, the applicant is released on bail, he shall tamper with the evidence.