- (1.) BARKAT Ali Zaidi, J. Applicant-accused is charged, under section 302 In dian Penal Code. He has come for bail here.
(2.) HEARD Sri Vijay Kumar Dixit Ad vocate for the applicant, and Addl. Gov ernment Advocate for the State. This is a case of fratricide. A younger brother killed his elder brother in course of family dispute, on a minor issue. The first information report which has been lodged by father, mentions, that the coun try made pistol which the accused had in his hand, while, the brothers were quarrel ling went off causing the death of the de ceased. The statement of the widow of the deceased recorded under section 161 Cr. P. C. is also to the effect that during the course of the tussle between the two broth ers, the pistol in the hand of the accused went off, causing the death of her husband.
(3.) THE prima-facie indication, there fore, is that there was no intention to cause death. Bail may, therefore, be granted. He be released on bail on his fur nishing a personal bond of Rs. 15,000/-with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Shahjahanpur. Application Allowed. .;