CHUNNU ALIAS RANVIJAY SINGH Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This bail application has been filed by the applicants Chunnu @ Ranvijay Singh and Balwant Singh with a prayer that they may be released on bail in case crime No. 901 of 2007 under sections 147,148,149,307,302, 323,504,506 IPC, P. S. Rani Ki Sarai, district Azamgarh.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Ram Janam Singh on 21. 10. 2007 at 10. 15 A. M. in respect of the incident which had occurred on 21. 10. 2007 at about 9. 15 A. M. THE applicant and seven other co-accused are named in the FIR. It is alleged that the first informant along with his family members was sitting at his Baithak, in the meantime due to enmity of the election of Pradhan the applicants and other co-accused persons armed with fire arms, lathi and danda came there and hurled the abuses and threatened to kill all the persons, considering the same the first informant and his family members ran towards north side to save their lives. When they reached in front the house of Shyam Narain Singh where the co-accused Bipin Singh discharged the shot by licenced rifle which hit the deceased Talukedar Singh. THE co-accused Rajesh Singh discharged the shot by licence revolver of co-accused Bipin Singh which hit the deceased Paras Nath Singh. THEreafter co-accused Bipin Singh, co-accused Rajesh Singh and applicants discharged the shot indiscriminately. THE first informant was also caught hold by Arvind, Loknath Singh and Radhey Shyam Singh and he was beaten by lathi and Danda, consequently he sustained injuries, at their shouting Ankit Singh and Ashish Singh came in their rescue, on their presence also the gun shots injuries were caused. THEreafter Dharmendra Singh, Vimal Singh, Ram Darash Singh and other persons came at the place of the occurrence. THE deceased Talukedar Singh and Paras Nath Singh died on the spot instantaneously. According to post-mortem examination report of the deceased Talukedar Singh, he had sustained five ante mortem injuries, in which injuries No. 1, 2 and 5 were gun shot wounds of entry. Injuries No. 2 and 4 gun shot wounds of exit and the deceased Paras Nath Singh had sustained seven ante mortem injuries in which injuries No. 3 and 5 were gun shot wounds of entry and injuries No. 2, 4 and 6 were gun shot wounds of exit and injury No. 7 was lacerated wound. According to the medical examination reports the first informant Ram Janam Singh had sustained eight injuries caused by hard and blunt object. THE injured Ankit Singh had sustained two injuries and injured Ashish Singh had sustained eight injuries in which injury No. 1 was fire arm wound of entry having its exit wound, injurit No. 2, 3, 4,5 and 6 were lacerated wounds, injury No. 7 was contusion and injury No. 8 was fire arms wound of entry. THE applicants applied for bail before the learned Sessions Judge, Azamgarh who rejected the same on 9. 1. 2008, being aggrieved from the order dated 9. 1. 2008 the applicants have moved the present bail application.

(3.) IN reply of the above contention, it is submitted by learned A. G. A. and learned Counsel for the complainant that in the present case two persons have lost their lives and three persons sustained injuries. IN the said incident from the side of the applicants nobody had sustained injuries but subsequently the injury reports have been procured, its genuineness is also highly doubtful and in the cross case it has been admitted mat in the scuffle the firing was done by the revolver and rifle which shows that from the side of the applicant there is attempt of causing the injuries to the prosecution side, therefore, partition of the applicants in commission of the alleged offence is not doubtful. During investigation it has been specificaclly alleged that the applicants Chunnu @ Ranvijay Singh and Balwant Singh had discharged the shots by country made pistols, therefore, the applicants may hot be released on bail.