Shiv Shanker - (1.) -This is the first bail application moved on behalf of the applicant Atma Nand son of Dadhinath, in Case Crime No. 260 of 2006, under Sections 147, 148, 149, 506 and 302 I.P.C., P. S. Puyawan, District Shahjahanpur.
(2.) HEARD learned counsel for the applicant and learned A.G.A. and perused the record. Learned counsel for the applicant submitted that duration of death of the deceased has been shown in the post mortem report half day old. The post mortem report was prepared on 8.6.2006 at about 3.00 p.m. Therefore, the deceased was murdered at about 3.00 a.m. in the intervening night of 7.6.2006 and 8.6.2006 by known persons in the darkness. It is further contended that faecal matter was found in the stomach. The incident took place in the month of June. In such circumstances the faecal matter could not be found in the stomach of the deceased. It is only possible if he has been murdered early in the morning in the darkness not as per version as shown in the F.I.R. It is further contended that all the nine injuries have been received by the deceased only on one side. Old enmity is admitted by the complainant in the F.I.R. Therefore, the applicant has been falsely implicated in this case due to the enmity and he has been murdered in the dark night by unknown persons. Learned A.G.A., submitted that the applicant and other persons who are named in the F.I.R. has committed the murder of the deceased.
(3.) THIS incident has allegedly taken place on 8.6.2006 at 6.30 a.m. and F.I.R. was lodged by Sri Ashok Kumar in the concerned Police Station on 8.6.2006 at 7.30 a.m. after covering the distance of 4 km. Therefore, it has been lodged promptly within one hour of the alleged incident wherein the present applicant alongwith five other co-accused persons have been named. It has been specifically stated in the statement of the prosecution witnesses that the present applicant alongwith five other co-accused persons were armed with Banka, assaulted and inflicted injuries on the body of the deceased with their weapons. Consequently, he died on spot due to Banka injuries. The post mortem report of the deceased reveals that 9 incised wounds or multiple incised wound were found on the body of the deceased while the assailants are six in number. Therefore, the version of the prosecution is supported with the post-mortem examination report of the deceased. The applicant is also one of the assailants alongwith five others. It is a case of broad day light murder.;