KUSUMA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) Perused the record.

(3.) Submission of the counsel for the applicant is that according to the F.I.R. six persons had been nominated as accused. The role of firing has been specifically attributed to co-accused Banti and Vikas while according to the FIR another three other co-accused who are namely Bhola, Chandra Prakash and Dharamveer are said to have used sharp edged weapons against the two deceased causing them corresponding injuries. Both the deceased are said to have died on the spot as a result of the injuries inflicted upon them which are several and also are in lending corroboration to the version given in the F.I.R. inasmuch as the post-mortem report contains both firearm wounds as well as incised wounds. Submission is that at the stage of lodging the F.I.R., no specific role of causing any injury to the deceased was attributed to the applicant who is a woman. To the contrary, specific role of using sharp edged weapons against the deceased has been ascribed to co-accused Bhola and two brother-in-laws of Banti who are namely Chandra Prakash and Dharamveer. Submission is that the version given in the F.I.R. is complete and so far as the specific role of causing injuries to the deceased is concerned it implicitly excludes the applicant from causing any injury to the deceased. The incident is said to have taken place on 13.4.2018 but later on during the course of investigation at a belated stage on 26.6.2018 the role of causing sharp edged injuries to the deceased has been changed and has been attributed to the applicant. Argument is that this belated change renders the role played by applicant suspicious. Even otherwise, according to the counsel, when there were five other male persons who according to the F.I.R. were committing overt acts and were busy causing firearm injuries and sharp edged weapon injuries to the deceased, it appears on the side of improbability that the applicant who was a woman would also rush to join them in using the sharp edged weapon against the deceased persons and cause them injuries. Submission is that at any rate the role of applicant in the aforesaid background appears to be distinguishable from the other five accused persons against whom specific role of causing injuries to the two deceased persons has been ascribed consistently. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It has also been submitted that the applicant is languishing in jail since 17.5.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.