Ravindra Singh, J. - (1.) This application is filed by the applicant Shyamvir Singh with a prayer that he may be released on bail in case crime No. 194 of 2005 under Sections 302, 307, 504, 34 I.P.C. P.S. Khudaganj, District Shahjahanpur.
(2.) According to prosecution version in the present case the F.I.R. has been lodged by Momin Hussain at P.S. Khudaganj on 6.10.2004 at 8.40 p.m. in respect of the incident which has occurred on 6.10.2004 at about 6.00 p.m. The distance of the police station was about 5 km from the place of the occurrence. The F.I.R. was lodged against the applicant and co-accused Ramvir Singh, Satyavir Singh and Omvir Singh.
(3.) The facts, in brief, ar that on 6.10.2004 at about 6.00 p.m. the first informant along with his three real brothers namely Yaseen Hussain, deceased Usmeen Hussain and Hanif Babu were present at the shop of the first informant, at that timed the applicant armed with rifle, co-accused Ramvir Singh and Satyavir Singh armed with DBBL gun and co-accused Omvir Singh armed with country made pistol came at that shop and the applicant asked to the first informant to give a glass for drinking the liquor. The same was refused by the first informant. Thereafter, all the accused persons hurled the abuses. When they were asked not to abuse, the applicant discharged shot by his rifie. Consequently, the deceased received injuries on his head. He fell down and died on the spot. The first informant and his two remaining brothers along with Abdul Aziz and Abdul Rahman who came at the place of the occurrence, tried to apprehend the accused persons. The remaining accused persons Ramvir Singh, Satyvir Singh and Omvir Singh discharged the shots by their respective weapon. Consequently, the first informant and his two brother received injuries, after committing the alleged offence the accused persons ran away towards the village Pakhaura. Thereafter, the F.I.R. was lodged, inquest report was prepared, injured persons were medically examined and the post mortem was conducted. According to the post mortem report the deceased has received single firearm wound of entry having its exit wound on the left side of scalp and according to medical examination report the injured Hanif Babu received abrasion on the left side chest, injured Mobin Hussain received two abrasion and injured Yaseen received multiple abrasion on the right side of the chest and injured Surajpal received a abrasion. All the above mentioned four injured persons received abrasion having blackening and tattooing and all the injuries were caused by the firearm.;