- (1.) SHIV Shanker, J. This is first bail application moved on behalf of the applicant.
(2.) THE prosecution story, in brief, is that the first informant Ravi Kumar son of Phulan Singh alongwith his brother Sanjeev Kumar and his mother Smt. Ved Shree was returning to their house from their field on 13-11-2005 at 9. 00 a. m. When they reached in front the house of Ram Kishan, accused persons Shiv Singh, Sahdeo Singh and Siya Ram surrounded them and started abusing to which objection was raised by them. THEreafter, Shiv Singh (accused-applicant) went to his house and brought country made pistol. THE other accused were armed with gun and lathi. Accused Shiv Singh opened fire upon the chest of Sanjeev Kumar and other co-accused assaulted the informant and his mother due to which they also received injuries in the alleged occurrence. Sanjeev Kumar died on the spot due to the sustaining of firearm injuries. THEreafter, First Information Report was lodged by Ravi Kumar on 13-11-2005 at 11. 55 a. m. at the concerned police station. Heard Sri Jagdish Singh Sengar, Senior Advocate on behalf of the applicant at a very great length and the learned A. G. A. I have also perused the whole records. It is contended by the learned Counsel for the applicant that one gun shot wound of entry was found on the chest surrounded by tattooing and blackening besides two abrasions on the person of the deceased, as per the opinion of doctor. Therefore, it appears that it was caused from a very close range. It is further contended that four-ounce pasty food was found in the stomach. The small intestine contained digested food and large intestine contained faecal matter. Thus, the post-mortem report of the deceased belies the prosecution story. All this indicates that the occurrence took place in the early hours of the morning in the cover of darkness and no one had seen the occurrence and when the dead body was detected lying in front of the house Ram Kishan, the first informant and his mother picked up quarrel with suspected persons indulged in Marpeet in which they have received injuries and this is the precise reason that the first informant was medically examined on 14-11-2005 and his mother was medically examined on 15-11-2005 regarding their injuries. A false case was concocted. It is further contended that it has not been mentioned in the inquest report that the first informant and his mother were beaten. This shows that they have not received any injury in the alleged occurrence. While the first informant is also a witness of Panchayatnama. However, this fact was not mentioned in the relevant column of the inquest report. It is further contended that both the injured sustained simple injuries, like contusion and lacerated wound, except one injury wherein the fracture was found in the right hand of Smt. Ved Shree. They did not sustain any firearm injury and the injuries were not inflicted by the present accused-applicant
(3.) IT is further contended that the Investigating Officer did not find blood on the place of occurrence and, therefore, no blood stained earth was taken by him as mentioned by the Investigating Officer in the case diary. This fact makes the place of occurrence doubtful and it appears that the deceased was killed somewhere else due to some other reason as the dead body was lying in front of the house of Ram Kishan. IT is further contended that there is no independent witness of the alleged occurrence. The Investigating Officer has not recorded the statement of Ram Kishan as well as his brother Ravi Kumar were allegedly present at the time of occurrence. In the absence of any independent witness, the prosecution story becomes suspicious. IT is further contended that civil litigation is pending between the parties since last ten years and in the past, no Marpeet took place. Therefore, it is highly improbable that after ten years of the pendency of the civil litigation, without any provocation, rhyme or reason, the applicant could go to the extent of killing the deceased and this fact also rules out the participation of the accused in the occurrence and it appears that the occurrence took place due to some other reason by some other persons and just on suspicion and enmity, the applicant and others are named in the First Information Report. It is further contended that the house of applicant is situate at a considerable distance from the house of Ram, Kishan, the place of alleged occurrence. This circumstance also creates suspicion that why the deceased and his brother and mother were standing to wait for coming the applicant and other accused. It is further contended that the bail application of co-accused has already been allowed.;