UMASHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) PRAYER for bail in this application under Section 439 of the Code of Criminal Procedure (in short 'the Cr. P.C.') has been made on behalf of applicant Uma Shankar s/o Kalka, in Case Crime No. 220 of 2008 under Sections 147, 148, 149, 307 and 302, I.P.C., P.S. Kotwali Kalpi, district Jalaun.

(2.) AN F.I.R. (ANnexure-1) was lodged on 18.8.2008 at 10.20 a.m. by Smt. Usha Devi, wife of the deceased Rana Sudhir at P.S. Kotwali Kalpi (Jalaun), against Uma Shankar (applicant herein), Hari Shankar, Bal Singh, Jeer Singh, Sone Lal and Kishan Bihari. Shorn of unnecessary details, the allegations made in the F.I.R., in brief, are that the accused persons caused marpeet by means of kulhari and fired from country made pistols, thereby causing injuries to Rana Sudhir and Ramesh Chandra on 17.8.2008 at about 8.30 p.m. at the house of Gaya Prasad, situated in village Devkali. It is also alleged that after committing the murder of Rana Sudhir, his dead body was thrown in Yamuna river, which was recovered under Kalpi Bridge on the bank of Yamuna.

(3.) NEXT submission made by learned counsel was that no kulhari injury was found on the person of injured Ramesh Chandra and hence the story of the prosecution becomes doubtful, as injuries to Ramesh Chandra also are said to have been caused by firearms and kulhari.