LAWS(ALL)-2008-7-44

OM PAL Vs. STATE OF U P

Decided On July 08, 2008
OM PAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -This application has been filed by the applicant Om Pal with a prayer that he may be released on bail in Case Crime No. 238 of 2006 under Sections 147, 148, 149, 307, 324 and 302, I.P.C. P. S. Kundarki District Moradabad.

(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by Vijendra Singh on 15.3.2006 at 7.00 p.m. in respect of the incident which had occurred on 15.3.2006 at about 3.30 p.m., the applicant and 11 other accused are named in the F.I.R., the distance of the police station was about 9 km. from the alleged place of occurrence. It is alleged that on 15.3.2006 at about 3.30 p.m., first informant, the deceased Nanhey Singh, Satveer Singh, Manohar Singh, Galke Singh, Ranveer Singh and Bant Singh, were sitting at the baithak of the first informant, then the applicant and other co-accused persons armed with lathi, tabal, kassi, knife and gun came there and at the exhortation of the co-accused Maya Ram, the applicant and other co-accused persons made murderous assault, the first informant and other persons, who were sitting there, made an attempt to save their lives, then the co-accused Vijai discharged shots by his gun and asked not to leave the place but nobody has sustained any gun shot injury. THEreafter, the deceased Nanhey Singh, was assaulted by the applicant, co-accused Vishesh, and co-accused Omkar, the applicant caused injury by using knife blows, co-accused Vishesh caused injury by using kassi and the co-accused Ompal caused injury by using tabal blow, consequently, he became seriously injured in the said incident, the first informant, Vijendra Singh, Manohar Singh, Satvir Singh and Kulwant Singh also sustained injury and the injured persons were taken to the District Hospital, Moradabad where the deceased Nanhey Singh was declared dead.

(3.) HEARD Sri G. S. Sengar and Sri Dhirendra Singh learned counsel for the applicant, learned A.G.A. for the State of U. P. and Sri Manoj Kumar and Sri Girish Kumar Yadav, learned counsel for the complainant.