- (1.) Heard Sri G.P. Dixit, learned counsel for the appellants, learned A.G.A. for the State of U.P. and Sri Dharmendra Pratap Singh, learned counsel for the complainant.
(2.) The appellant Dinesh Chandra Shukla, Anil Kumar Shukla, Sunil Kumar Shukla and Akhilesh Chandra Shukla have moved this bail application, in the appeal filed against the judgement and order dated 3.7.2013 passed by learned Additional Sessions Judge, Court No. 3, Fatehpur in S.T. No. 38 of 2009 whereby the appellants have been convicted under section 302 IPC and sentenced to undergo imprisonment of life with a fine of Rs. 10,000/- each, with a prayer that they may be released on bail during pendency of this appeal.
(3.) Having heard learned counsel for the appellants, learned A.G.A., learned counsel for the complainant and from the perusal of the lower court, it reveals that a FIR of this case has been lodged by P.W. 1 Rajendra Singh on 11.10.2008 at 5.30 P.M. in respect of the incident allegedly occurred on 11.10.2008 at about 4.00 P.M. in which all the appellants are named as accused, alleging therein that the first informant got a sale deed executed in his father's name on 7.10.2008 of a house of one Awadh Ram son of Ram Ashre. On 11.10.2008 the first informant and his father were going to settle a dispute and Jhallar Singh was legging behind them. In the meantime the appellant Dinesh Chandra Shukla armed with SBBL gun, the appellant Akhilesh Chandra Shukla and Anil Kumar Shukla were armed with DBBL guns and appellant Sunil Kumar Shukla armed with licensed rifle came there and after exhortation they started firing, consequently father of the first informant Bhoora Singh became injured. On sound of the firing many persons of the village came at the place of the incident and panic was created in the village. The deceased in a injured condition was taken by the first informant and Jhallar Singh to a hospital at Vijaipur where the deceased succumbed to his injuries. According to the post mortem examination report the deceased had sustained multiple fire arm wound in an area of 40cm x 30cm on abdomen , chest and lower neck as injury No. 1 and multiple fire arm wound on left arm in an area of 18cm x 6cm, six small metallic pallets were recovered from the dead body. From the place of the incident four empty cartridges were also recovered. The appellant Anil Kumar Shukla was apprehended by the police on 16.10.2008, from his possession DBBL gun was recovered. The empty cartridge recovered from the place of the incident and DBBL gun recovered from the possession of the Anil Kumar Shukla were sent to public analyst. According to the report of the public analyst the empty cartridges recovered from the place of the incident were mentioned EC-1, EC-2, EC-3 and EC-4 and the result of the analyst was that cartridge EC-1, EC-2 and EC-3 were not discharged by DBBL gun. But no opinion could be expressed about the cartridge EC-4.;