Shiv Shanker - (1.) -The above applications on behalf of applicants Nand Ram and Vishnu Dutt alias Bishun moved in the same case Crime No. 520/07, under Sections 147, 148, 149 and 302, I.P.C., Police Station Kotwali, District Fatehpur are being disposed of by this common orders.
(2.) HEARD learned counsel for the applicants, learned counsel for complainant, learned A.G.A. and perused the record. Briefly, the prosecution case is that on 16.11.2007 at about 1.30 p.m. accused persons Rakesh alias Raju armed with 12 bore licenced gun, Nanhey Shukla armed with gun, Nand Ram the present applicant armed with country made (addhi) pistol, Vishnu Dutta alias Bishun (applicant) armed with tamancha and Salesman Gupta had come by Alto Car U.P. No. 71 F/4396 at the place of incident where Satya Prakash alias Kaju was taking bath at the hand pump situated at adjoining to his house. At the same time, all the five accused persons got down from the said car. He was beaten by them with kicks and fists. Thereafter, he had entered into the house of Amritlal and climbed upon his roof. All the five accused persons also reached there and made indiscriminate firing upon him. Consequently, he had fallen down and died on the spot due to sustaining injuries. The F.I.R. was lodged on 16.11.2007 at 2.40 p.m. The learned counsel for the applicant submitted that there was no intention to cause the death of the deceased and the deceased was firstly beaten with the kicks and fists. It is further contended that the site plan of the place of incident reveals that firings were made from a long distance but blackening and tattooing were found in the post mortem report of the deceased. Therefore, there is medical conflict in this case. This incident had allegedly taken place at the roof of another person from a very close range. It is further contended that the prosecution version has been changed in the statement of the witness recorded under Section 161, Cr. P.C. It is further contended that the applicant Nand Ram is meritorious student and is pursuing his B.D.S. from Ghaziabad. He was not present at the time of incident. He had attended the patients of the hospital on 16.11.2007 and has appended his signature and prescribed medical aid to the patient at Ghaziabad. The copy of the hospital card of the patient is Annexure-6 on record. Therefore, there is no criminal history against the present applicant. He has been falsely implicated in this case. It is further contended that the deceased was a man of bad character and had come into illicit relation in his neighborhood. He was caught by the neighburs when Satya Prakash alias Kaju had entered into the house of Amrit Lal and the incident occurred.
(3.) ON the other hand, it is urged on behalf of prosecution that there was dispute in between both the parties regarding the land who were also the members of the unlawful assembly. Satya Prakash alias Kaju was murdered by the applicant alongwth four companions. The plea of alibi was verified which was found false as per the police report. This incident allegedly took place on 16.11.2007 at about 1.30 p.m. and the F.I.R. was lodged by Ram Dutt Sharma against the five accused persons including the present applicant on 16.11.2007 at 2.40 p.m., after covering the distance of 8 kilometers. Therefore, there is no delay in lodging the F.I.R. and same has been lodged promptly also against the present applicants.;