Ravindra Singh - (1.) -This application has been filed by the applicant Hari Singh with a prayer that he may be released on bail in Case Crime No. 78 of 2006 under Sections 307, 382, 504 and 506, I.P.C. P.S. Dibai district Bulandshahr.
(2.) THE prosecution story in brief is that in the present case F.I.R. has been lodged by Kunwar Pal Singh, real brother of the applicant, on 3.4.2006 at 6.50 a.m. in respect of the incident which had occurred on 3.4.2006 at about 6.00 a.m. It is said that the deceased Mohan Lal was caught hold by the co-accused Jitendra and Udai Veer Singh, thereafter the applicant caused injuries on his person by using knife blows. THE deceased was the real brother-in-law of the first informant. In the present case F.I.R. has been lodged under Sections 307, 504 and 506, I.P.C. but on the same day of the alleged occurrence, the deceased succumbed to his injuries, therefore, the case was converted under Section 302, I.P.C. also. Heard Sri S. P. S. Raghav, senior advocate, assisted by Sri Anil Raghav, Gaurav Singh, learned counsel for the applicant and the learned A.G.A. for the State. It is contended by the learned counsel for the applicant that there was no motive or intention of the applicant to commit the alleged offence. The alleged occurrence had taken place in a sudden quarrel. It is said that the applicant used knife blows in N.A. causing the injury on the person of the deceased. The deceased was taken to the hospital where he was medically examined on 3.4.2006 at 7.25 a.m. He was brought as dead even then he was medically examined and his thumb impression was obtained, which was not permissible in law.
(3.) ACCORDING to the first medical examination report seven stab wounds were found on the person of the deceased but in the post mortem examination report, only lacerated wounds were found. The prosecution story is not corroborated by the post mortem examination report. The post mortem examination report and the medical examination report of the deceased are contradicting to each other, which shows that the alleged occurrence was not witnessed by any person. The applicant is not a previous convict. In case he is released on bail, he shall not tamper with the evidence. Therefore, he may be released on bail. In reply to the above contention it is submitted by the learned A.G.A. that according to the medical examination report, the deceased had received seven injuries, which were stab wounds caused by sharp edged and pointed weapon. There is specific allegation against the applicant that he had caused injuries by using knife blows. The alleged occurrence had taken place in a broad day light at about 6.00 a.m. its F.I.R. was promptly lodged on the same day at 6.52 a.m. The F.I.R. was lodged under Section 307, I.P.C. subsequently, converted under Section 302, I.P.C. There is no inconsistency in the medical examination report. In the post mortem examination report doctor has wrongly mentioned injuries as lacerated wounds because according to the postmortem examination report the nature of the injury shows that the injuries were cavity deep such injury cannot be caused by hard and blunt object. The applicant is the main accused. Therefore, he is not entitled for bail.;