PUSHPENDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Ravi Pandey, learned counsel for the applicant and the learned A.G.A. for the State.

(2.) Rejoinder affidavit filed today is taken on record.

(3.) The allegation in the F.I.R. is that Dharam Singh alongwith his brother Dal Chand was taken by the accused persons Pushpendra, Gaurav, Hari Singh and Deopal and when they entered into the house of Deopal, Pushpendra appellant and other accused persons started firing indiscriminately upon them with the result that the shot fired by Pushpendra hit his brother Dal Chand. It is also stated that because of the indiscriminate firing they ran away to save themselves. Dead body of Dal Chand was lying on the spot where the incident occurred. In the post mortem report two fire arm ante mortem injuries have been mentioned and the cause of death has been stated to be due to shock and haemorrhage as a result of fire arm injuries.