K.N.Ojha, J. - (1.) Heard Sri Virendra Singh and Sri S.A.N. Shah, learned Counsel for the applicant, learned A.G.A. and have perused the record.
(2.) This application has been moved by Chandra Pal for bail in crime No. 434 of 2005 under Section 302 IPC, P.S. Kemri, district Rampur.
(3.) According to prosecution Smt. Nirmalawati lodged FIR against applicant on 3.9.2005 at 4.30 a.m. containing the fact that on 1.9.2005 at about 12.00 noon applicant Chandra Pal had beaten her husband Nathu Lai in respect of payment of wages. Nannu, Rampal, Devi Das, Mahendra Pal of her village had intervened. When Smt. Nirmalawati made complaint to Chandra Pal as why he had beaten her husband, he threatened that he would kill her husband. On 2.9.2005 at 11 p.m. she alongwith her youngest son Pallu Lai was sleeping on her cot in courtyard. Her husband Nathu Lai and her three daughters aged about 8 years, 6 years and 4 years were also sleeping. On 3.9.2005 at 00.30 a.m. in night when there was light of Dhebri Chandra Pal came with daon, and caused injury on the neck of her husband. She raised alarm. On her alarm her husband's younger brother Thakur Das, her nephew Mahendra Singh and many other persons including her three daughters witnessed the occurrence. Chandra Pal ran away in the eastern side alongwith his daon. Nathu Lai died on his cot. The police station is at the distance of 10 Kms. from the scene of the occurrence.;