- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Gulab Singh alias Munna with a prayer that he may be released on bail in Case Crime No. 519 of 2005, under Sections 302, 307 and 504 I. P. C. , Police Station Konch, District Jalaun.
(2.) THE prosecution story, in brief, is that the F. I. R. of this case has been lodged by Ghanshyam Singh at Police Station Konch on 18-12-2005 at 10. 30 a. m. in respect of the incident which had occurred on 18- 12-2005 at 10. 30 a. m. THE distance of the Police Station was 5 kl. mts. from the alleged place of the occurrence. THE F. I. R. has been lodged against the applicant and co-accused Buddh Singh and Hari Om alleging therein that the First Informant had purchased a plot from Ramesh Chandra through a registered sale-deed about one month's prior to alleged occurrence. In that plot, the First Informant wanted to open a door, it was opposed by applicant and other co-accused persons and they were not permitting the First Informant to use that plot and the applicant and other co-accused persons were intending to do marpit, its information was given to the police on 3-12-2005 on Police Station Day. On 18-12-2005 at about 9. 00 a. m. Anand Kumar @ Babbu, the elder son of the First Informant, Suresh Chandra, Kailash Babu and Lakhan Singh were present on the door of the Bara House. As soon the deceased Anand Kumar @ Babbu asked to open the door of that Bara house towards the purchased plot, the co-accused Buddh Singh armed with axe alongwith Gulab Singh @ Munna armed with half gun and co-accused Hari Om armed with country made gun came out from their house and at the exhortation of co-accused Buddh Singh applicant discharged shot by his half gun towards the deceased which hit him. Consequently after receiving injury he fell down on Kharanja road. At the same time, the co-accused Hari Om also discharged the shot by a country made gun but fortunately nobody received any injury. THE persons present at the place of the occurrence challenged the miscreants then the applicant and other co-accused persons ran away from the place of the occurrence, the deceased in injured condition was taken to the Government Hospital by Krishna Kumar and others where no doctor was available. THEreafter, he was taken to the District Hospital, Orai. According to the post-mortem examination report, the deceased had received two ante-mortem injuries in which injury No. 1 is a lacerated wound of 1. 5 cm. x 05 cm. x skin deep on forehead 1 cm. above right eye brow and injury No. 2 was fire-arm wound of entry of size 2. 00 x 1. 0 cm. x cavity deep present on right side of the chest, this injury was oval in shape, it was having blackening and tattooing and two cork pieces, two plastic pieces and one bullet was recovered from this injury. Heard Sri Dharampal Singh and Sri S. Niranjan, learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri M. C. Chaturvedi, learned Counsel for the complainant. It is contended by the learned Counsel for the applicant : (1) That the prosecution story is false, concocted and highly improbable, the applicant has been falsely implicated only on the basis of doubt and suspicion; (2) That the presence of the First Informant and other witnesses at the alleged place of occurrence is highly doubtful because nobody had made an attempt to save the life of the deceased; (3) That the prosecution story is not corroborated by the medical evidence because the nature of the fire-arm wound of entries show that after receiving such injury the survival of the deceased for some time was not possible and the nature of the injuries is also peculiar from where two cork pieces and two plastics were recovered alongwith bullet. The deceased had not received the injury as alleged by the prosecution and the alleged occurrence has not taken place at 9. 00 a. m. , it would have taken place in the mid night immediately after taking the food because in the stomach 100 ml. pasty food was present and small intestine was having semi digested food with gases and large intestine was having faecal matter with gases; (4) That it is also surprising that the deceased was alive and was taken to the hospital, it konch where the Doctor was not available thereafter taken to District Hospital but the First Informant being the father of the deceased would go to lodge the F. I. R. without providing the proper medical aid to his highly injured son, it shows that the F. I. R. of this case is also ante-timed; (5) That the applicant was not medically examined at Government Hospital, Konch. There is no entry in the hospital to show that the deceased was taken to that hospital but the deceased was declared dead in the District Hospital. There is no evidence to show that any medical aid was given to the deceased in District Hospital also and there is no dying declaration of the deceased. Co-accused Buddh Singh and Hari Om have been released on bail by this Court on 13-4-2006 and 12-4-2006; (6) That the applicant is a man of peace loving, he is having no criminal antecedent and he has never been prosecuted nor convicted in any criminal case and there is no likelihood of his absconding and tampering with the prosecution evidence, therefore, the applicant may be released and bail.
(3.) IN reply of the above contentions, it is submitted by learned A. G. A. and learned Counsel for the complainant that the alleged occurrence had taken place in a broad day light at about 9. 00 a. m. , its F. I. R. was promptly lodged on the same day at 10. 30 a. m. , the distance of the Police Station was 5 kl. mts. from the alleged place of the occurrence, there is no improbability and the specific role of causing injury by half gun has been assigned to the applicant, the injury was caused from a close range because there was a dispute between the parties in respect of taking possession of newly purchased plot and the applicant was having a strong motive to commit the alleged offence. The prosecution story is fully corroborated by the medical evidence because the deceased has received one lacerated wound on forehead which may be caused due to fall on the Kharanja road and injury No. 2 is fire-arm wound of entry, it was having blackening and tattooing and from this wound two pieces of cork and two plastic pieces were recovered alongwith bullet and there was nothing unusual because weapon used by the applicant was country made half gun in commission of the alleged offence. There is nothing unusual in the post-mortem examination report and the alleged occurrence was committed at 9. 00 a. m. , the deceased did not immediately die after receiving injury, he remained alive and was taken to the Government Hospital, Konch, thereafter he was taken to District Hospital, Orai and on the basis of the contents of stomach small intestine and large intestine it cannot be said that the alleged occurrence had taken place in the night. The alleged occurrence has been witnessed by the natural witnesses and there was nothing unusual in lodging the F. I. R. by the First INformant at Police Station Konch because when the deceased was taken to the Government Hospital Konch, there was no Doctor, that is why the deceased was taken to the District Hospital, Orai. The applicant is the main accused, the other co- accused Buddh Singh and Hari Om who have been released on bail by this Court because they have not caused any injury on the person of the deceased. IN case the applicant is released on bail, he may tamper with the evidence and he may abscond also, therefore, the applicant may not be released on bail. 6. Considering facts and circumstances of the case and submissions made by the learned Counsel for the applicant, learned A. G. A. for the State of U. P. and learned Counsel for the complainant and from perusal of record, it appears that the applicant is the main accused, he caused the gun shot injury to the deceased from the closed range and the alleged motive is against him and the contention that the fire- arm injury was caused in some other manner because two cork pieces, two plastic pieces and one bullet was recovered is having no substance because it was caused by a country made half gun which is having no specific standard and the country made cartridges having no specific standard are generally used in firing and the alleged occurrence had taken place in a broad day light and its F. I. R. was promptly lodged and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused. 7. Accordingly, this application is rejected. .;