RAJESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this bail application under Section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.') has been made on behalf of applicants Rajesh Kumar s/o Badan Singh Yadav (applicant herein), Narendra Singh s/o Rajesh Singh and Kallu s/o Swami Sharan, in Crime No. 84 of 2008, under Sections 302 and 308, I.P.C., P.S. Saifai, district Etawah.

(2.) AN F.I.R. was lodged on 5.8.2008 at 3.20 a.m., by Jagdish Singh Yadav, s/o Shivraj Singh Yadav, at P.S. Saifai, district Etawah, where a case under Sections 302 and 308, I.P.C. was registered at Crime No. 84 of 2008 against Rajesh Singh, Ravindra Singh, Narendra Singh and Kallu. The allegations made in the F.I.R. (Annexure -1), in brief, are that in the intervening night of 4/5.8.2008, when the complainant and his father Shiv Raj Singh Yadav were sleeping on their tube -well arid Brijesh Singh, S/o Lakhan Singh as well as Dinesh, Suresh and Guru Prasad also were sleeping there, the accused Rajesh Singh, Ravindra Singh, Narendra Singh and Kallu at about 2.00 a.m. came there having lathi, danda and bhala. Further case of the prosecution is that the accused Ravindra Singh gave blows by bhala to Shiv Raj Singh, father of the complainant and other accused also caused marpeet with him by means of lathi, danda and axe, due to which he died instantaneously. Injuries were caused to Brijesh Singh also. This incident is said to have been witnessed in torch light by the complainant Jagdish, Dinesh Singh, Suresh Singh and Guru Prasad.

(3.) THE first and foremost submission made by learned Counsel for the applicants was that in the inquest report (Annexure -4), there is no mention of axe, hence on this ground the applicant Kallu is entitled to be released on bail, because according to the statements of witnesses, he is alleged to have caused injuries to the deceased by means of axe, whereas in the inquest report, there is no mention of axe. On this point, it was submitted by learned Counsel for the complainant that mentioning the name of the accused and weapons carried by them in inquest report, is not the requirement of law and hence due to omission to make averment about use of axe in the inquest report, the applicant Kallu should not be released on bail, because injuries by axe were caused by him to the deceased.