STATE OF MADHYA PRADESH Vs. DEEPAK SHARMA

JUDGEMENT

(1.) THIS order also governs disposal of MCrC No. 3661/02; State of M.P. v. Deepak S/o Mahesh Sharma.

(2.) In an application for grant of bail filed by co-accused Mukhtyar vide MCrC No. 3375/02 it was argued on behalf of the accused that main accused non-applicant Deepak, causing fire arm injury to the deceased, has been released on bail by I Additional Sessions Judge, Badwah by order dated 24-9-2002. Certified copy of this order was also filed, whereas bail application of co-accused Mukhtyar was rejected prior to 25-9-1992. Though against him there was no allegation for causing injury to the deceased or even taking direct or indirect part in the incident of murder. He was a gun man duly appointed by the owner of Petrol Pump for security purpose, where deceased Dilip and non applicant Deepak were sitting. Accused Deepak in absence of co-accused Mukhtyar used the gun for commission of murder of Dilip. Against Mukhtyar charge was only under Section 30 of the Arms Act. While deciding the bail application of co-accused Mukhtyar, this Court has taken suo-motu action as per Provision under Sections 397, 439/493 (2) of the IPC against grant of bail to Non-applicant Deepak vide MCrC No. 3661/02.

(3.) In nut shell, prosecution case as mentioned in the order of grant of bail by the trial Court to Non applicant as well as in the charge sheet, is that deceased Dilip was sitting on the cot at Punjab Petrol Pump, Narmada Road in the night at about 11.25 p.m. on 30th May, 2002. At that juncture, non-applicant Deepak also came over there and sat on a chair with another employee Mukesh. Bhuresingh asked other employee Gajendra to fetch the water, who came and kept 12 bore gun by the side of the cot and went to the office of Petrol Pump to fetch water. In the meanwhile, power supply was started and therefore, Mukesh went to switch off the generator. During this period, deceased Dilip and non applicant Deepak had some sort of altercation. Non applicant Deepak took 12 bore gun and fired at Dilip on his chest as a result of which Dilip fell down and became unconscious. All the employees rushed towards there and took Dilip to hospital where he was declared dead. The incident was witnessed by the employees of the Petrol Pump. FIR was lodged by Manager Bhuresingh immediately.