ASHOK KUMAR AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. V.C. Misra, Senior Advocate assisted by Sri Rajesh Singh, learned counsel appearing on behalf of the applicant, Mr. I.K.Chaturvedi and Mr. J.K. Mishra, learned counsel for the complainant as well as the learned A.G.A for the State and perused the record.

(2.) It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated. It is further submitted that according to the statement of the first informant Smt. Seema recorded under section 161 Cr.P.C. , main role of causing injury on the head of the deceased by 'Takora' has been assigned to the co- accused Jai Singh . It is further submitted that in the F.I.R. no specific weapon has been assigned to the applicant and merely the role of causing Marpit has been attributed to the applicant. However, the first informant Seema improved her version under section 161 Cr.P.C, which was recorded soon after the preparation of the inquest report, wherein she stated that the applicant as well as the co accused Pankaj were armed with 'Lathi- Danda', co accused Lala was armed with 'Sariya' and co- accused Jai Singh was armed with 'Takora', as such her statement recorded under section 161 Cr.P.C. can not be relied upon.

(3.) It is further submitted that the first informant in her statement specifically, interalia, stated that the co accused Jai Singh caused two fatal injuries on the head of her husband( deceased) with Takora' and due to these injuries her husband died on the spot. It is further submitted that two witnesses namely; Vineet and Ashok Shukla, interalia, have also given the identical statements. It is further submitted that scribe of the present F.I.R. is one Ram Kumar Awasthi who is inimical to the applicant because a criminal appeal under section 302 I.P.C. is pending against the father of Ram Kumar Awasthi for committing murder of the father of the applicant. It is further submitted that the weapon 'Takora' alleged to have been used in the commission of the alleged offence was recovered at the pointing out of the co accused Jai Singh on 6.1.2009 from an open place.