SHAMSUDDAHA ALIAS SHUROO Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation has been filed by the applicant Shamsuddaha alias Shuroo with a payer that he may be released on bail in Case Crime No. 764 of 2007 under sections 147, 323, 452, 504, 506, 308 and 304 I.P.C. P.S. Chirraiyakot district Mau.

(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by Masood Ahmad on 17.10.2007 at 6.5 p.m. in respect of the incident which had occurred on 17.10.2007 at 6.30 p.m. it is al ­leged that the first informant's son Mohd. Idrees, Mohd. Khalid and his grand -son Saklain came to their house from the mar ­ket after closing the shop at about 6.30 p.m., on 17.10.2007, the applicant and four other co -accused persons armed with iron rod and iron rambha came at the house of the first informant, they assaulted the first informant, deceased and the injured per ­sons inside the house of the first informant. Consequently, the deceased Mohd. Khalid, injured Mohd Idrees had sustained serious injuries, after sustaining injuries, the de ­ceased Mohd. Khalid fell down, on shouting the neighbour came in rescue, thereaf ­ter the F.I.R. was lodged at the police sta ­tion concerned under sections 147, 323, 452, 308, 504 and 506 I.P.C. but subsequently, the deceased Mohd. Khalid succumbed to his injuries then the case was converted under section 304 I.P.C. also. According to the post -mortem examination report, the deceased has sustained 13 injuries caused by the blunt object and injured Mohd. Idrees had sustained 4 injuries caused by the blunt object, the applicant applied for bail before the learned Sessions Judge, Mau who rejected the same on 1.11.2007.

(3.) IT is contended by the learned Counsel for the applicant that the applicant is innocent, he has not committed the al ­leged offence. According to the F.I.R. the role of exhortation is assigned to the appli ­cant. According to the medical examination report of the deceased he has sustained only 7 but according to the post -mortem examination report the deceased has sus ­tained 13 injuries, there is variation in the number of injuries in the first medical ex ­amination report and the post -mortem examination report of the deceased, the inju ­ries were caused by the applicant and four other co -accused persons by using iron rod and iron rambha, no specific weapon has been shown in the hand of the applicant. The applicant was having no motive or intention to commit the alleged offence. The applicant is not having any criminal antecedent, therefore, he may be released on bail.