NETRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) BEING ag ­grieved by the order of refusal of bail dated 7.8.2008 passed by learned Additional Dis ­trict and Sessions Judge, Court No. 6, Mathura, applicant - Netra Pal being prose ­cuted in Case Crime No. 142 of 2008 under sections 302 and 504 I.P.C. and 27 of Arms Act, Police Station Baldev, District Mathura has preferred instant bail application be ­fore this Court. Heard Sri Tripathi B.C. Bhai, learned Counsel for the applicant as well as learned AGA for the State and perused the material placed on the record.

(2.) THE background facts of the prosecution case in nutshell are as follows: On 19.5.2008 at about 2 P.M., the Jeth of the complainant i.e the accused -applicant, a retired army personnel, started hurling abuses to his own sister's son (Bhanja) Narendra, resident of Village Bhakandi, Police Station Rama, District Mathura who had come to her house and when her husband, the deceased, Kaushal asked the applicant to desist from the same, he got infuriated on it and said that he would teach him a lesson and he went inside his house and brought his licensed single barrel gun and opened fire upon the deceased (the husband of the complainant) who died instantaneously on the spot but hoping some life in him, the complainant along with others took the deceased to the hospital where the doctors declared him brought dead, thereafter the dead body was taken back to house and leaving the same there, the complainant went to the police station concerned and lodged an F.I.R. naming the applicant.

(3.) LEARNED Counsel for the applicant has next argued that in fact aforesaid Narendra had an illicit relationship with the complainant and when the deceased saw both of them in compromising position, he tried to catch hold him and in order to evade his arrest Narendra fired upon the deceased who fall flat on the ground and met with instantaneous death and the ap ­plicant has been subsequently falsely im ­plicated in the present crime, giving colour to the prosecution story. He has further submitted that if the prosecution case is accepted in totality Exception -4 to section 300 I.P.C. is clearly applicable as the al ­leged assault was the consequence of quar ­rel and in view of this the applicant be ­comes entitle to benefit of Exception -4 to section 300 I.P.C.