- (1.) J. C. Mishra, J. 1. The prosecution case is that co-accused Chandresh Mishra, brother of the applicant was involved in murder of Chhotey Lal Yadava in which the deceased Vijay Bahadur was cited as witness. The motive behind the crime was refusal by the deceased to file affidavit disputing the correctness of the prosecu tion case.
(2.) THE prosecution case is that the applicant Ram Parvesh Mishra and his brother Chandresh Mishra fired at Vijay Bahadur and thereby committed murder. THE report of the incident was lodged at 7. 15 p. m. on the same date at police sta tion located 9 KMs. away. THE incident had taken place at 6 p. m. THE learned counsel for the applicant contended that the first information report was ante-timed and this fact is confirmed by the fact that no special report was sent till 5 a. m. on the following morning. The learned A. G. A. contended that the necessity to send special report arose only after the death of the deceased and immediately after the receipt of infor mation regarding death the authorities were informed by R. T. set. The learned counsel for the appel lant contended that despite direction the said report was not produced by the inves tigating agency as in the special report sent earlier it was stated that some unknown persons fired at Vijay Bahadur. In my opinion, no such adverse inference can be drawn in absence of any positive evidence.
(3.) THE learned counsel for the ap plicant then contended that the prosecu tion is falsified by the presence of three injuries which could not be explained by the prosecution. THE learned A. G. A. con tended that the two abrasions could be caused by fall while the lacerated wound which was only 1 cm. long could be caused in similar manner and these insignificant injuries do not falsify the prosecution case. The learned counsel then con tended that one of the fire-arm injuries was accompanied with blackening while in the other there was absence of blackening. He contended that only one injury was serious and proved fatal. He contended that in absence of evidence as to how had caused fatal injury the applicant is entitled to bail.;