- (1.) RAVINDRA Singh, J. Heard Shri Ajit Kumar Singh and Shri Kamal Kishor Mishra learned Counsel for the applicant and learned A. G. A.
(2.) THIS application is filed by the applicant Sheo Pratap Singh alias Chhotu Singh with a prayer that he may be released on bail in case crime No. 366 of 2004, under Sections 307 and 353 I. P. C. and Section 7 of the Criminal Law Amendment Act, P. S. Cantt District Gorakhpur. From the perusal of the record, it reveals that in the present case F. I. R. was lodged by Sri Chhote Lal Patel, Sub Divisional Engineer on 21-4-2004 at 2. 15 p. m. in respect of the incident which had occurred on 21-4-2004 at 1. 30 p. m. in the office of the first informant. The distance of the police station was only 2-1/2 km. from the alleged place of occurrence. The F. I. R. was lodged only against the applicant. According to prosecution version the first informant was busy in his official duty in his office on 21-4- 2004. At about 1. 30 p. m. on the same day the applicant came in his office and he was pressurizing the first informant for his illegal gain because the applicant was contractor of the department of the first informant, but he was declared blacklisted. The first informant has made a protest them and the applicant fired indiscriminately at the first informant by his firearm. Consequently, he received injuries and fell down from the chair. Due to firing done by the applicant the other employees working in the office saved their life by hiding themselves from one to other places from the place of the occurrence. Thereafter, the employees of the office taken to the injured to the hospital to provide proper medical aid. The medical examination report shows that the injured Chhote Lal Patel was medically examined on 21-4-2004 at 1. 55. p. m. He had received 3 injuries out of which injury No. 1 was gunshot wound on right side of the chest 9 cm below right nipple having size of 0-5-cm x 0. 5 cm. Depth could not be ascertained. Blackening was found around the wound. The injury No. 2 was lacerated wound on the right side of lower part of the thigh and the injury No. 3 was also a lacerated wound from lateral side of right upper leg. Injuries were kept under observation and advised X-ray and all injuries were caused by firearm. The prosecution story was fully corroborated by the injured whose statement was recorded under Section 161 Cr. P. C. The prosecution story was also fully corroborated by the other witnesses whose statements were recorded under Section 161 Cr. P. C. All the witnesses stated that the applicant has caused injuries by country made pistol. The applicant was arrested by the police on 14-4-2004 and from his possession one country made pistol and two live cartridges were recovered. The applicant confessed his guilt before the police that he has committed the alleged offence by submitting that he has caused injuries by two country made pistol out of which one country made pistol was found on his pointing out in a river.
(3.) IT is contended by the learned Counsel for the applicant that there is no motive or intention for the applicant to commit the alleged offence and the prosecution story is not corroborated by the medical evidence, because from the possession of the applicant one country made pistol of 315 bore was recovered, but none of the injury was caused by a weapon of 315 bore. IT is further contended that according to prosecution version the applicant fired indiscriminately, but none of the injuries shows that all the injuries were caused by the single shot of 12 bore. The injuries were not dangerous to life and the prosecution has come with a cock and bull story. IT is further contended that according to prosecution version the alleged incident has taken place in working hours of the office where large number of persons were working, but no other person has received any injury and there is variation in the statement of the witness recorded under Section 161 Cr. P. C. It is opposed by the learned A. G. A. by submitting that the applicant was a contractor of the department in which the injured was working as Sub Divisional Engineer, but the applicant was declared black listed. He was pressurizing the injured for getting illegal gain, but the injured had made the protest against the applicant, so he fired indiscriminately in the office. Consequently, the injured received injures. The alleged occurrence had taken place at about 1. 30 p. m. on 21-4-2004 inside the office. The injured was immediately rushed to the hospital where he was medically examined at 1. 55 p. m. on 21-4- 2004. Thereafter, the F. I. R. was lodged on 21-4-2004 at 2. 15 p. m. by covering the distance of 2-1/2 km. The F. I. R. was promptly lodged and prompt medical aid was provided to the injured. The prosecution story is fully corroborated by the medical evidence. The applicant is sole accused who caused the injuries on the person of the injured. He had received one chest injury also which is on vital part of the body. The other two injures were on non vital part of the body. It is further contended that the gravity of the offence is too much because the applicant has caused the injuries on the person of injured, who is Sub-divisional Engineer, inside of the office, so the applicant does not deserve for bail.;