- (1.) BOTH these applications arise of the same crime, as such they are being disposed of by common order.
(2.) APPLICANTS are involved in Case Crime No. 559 of 2012, under Sections 147,148,149,323,504,506,302,307 IPC, Police Station -Kotwali Nagar, District Gonda. Briefly stated prosecution case is that on 08.05.2012 at about 12:30 P.M. Vaibhav(informant) was going with Gaurav(deceased) and other persons on jeep. Gaurav asked the driver to go to nursing home of Dr. Rajesh Pandey where guards Avdhesh and Suresh had some altercation with Gaurav and his associates on the question of parking of jeep. Dr. Rajesh Pandey called these people in his chamber, where co-accused Chandra Mohan Mishra, Vishwas Pandey, Pawan Mishra etc. were sitting. Both guards too reached in the chamber of Dr. Pandey who asked these people to behave otherwise they would be taught a lesson, which was objected by Gaurav whereupon Dr. Pandey exhorted, guards and other persons present there, who started beating Gaurav with butt of gun. His brother tried to save him, then Dr. Pandey snatched the gun from Awdhesh Tiwary and fired upon Gaurav. Further case in the FIR is that another guard also fired from his gun. Gaurav was rushed to district hospital and from there to Trauma Centre, Lucknow, but he died on the way. FIR was lodged on the same day at 6:05 P.M. Post-mortem was done on the same day, according to which one gun-shot injury was found on the body of the deceased. Case was registered against Dr. Rajesh Pandey and others and they were arrested.
(3.) I have heard Sri Mridul Rakesh, Sri Jyotindra Mishra, Senior Advocates, assisted by Sri Vaibhav Kalia for applicant Dr. Rajesh Pandey; Sri Pankaj Verma for Awadhesh Kumar Tewari and Sri I.B. Singh, Senior Advocate, Sri H.G.S. Parihar and Sri M.P. Singh for the complainant. Km. Nand Prabha has assisted the Court on behalf of State.;