Atma Nand (In Jail) vs State of U.P.

Shiv Shanker, J.—This is the first bail application moved on behalf of the applicant Atma Nand son of Dadhinath, in case Crime No. 260 of 2006, u/s 147, 148, 149, 506, 302 I.P.C., P.S. Puyawan, district Shahjahanpur.

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 fecal matter was found in the stomach. The incident took place in the month of June. In such circumstances the fecal 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 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.

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 k.m. Therefore, it has been lodged promptly within one hour of the alleged incident wherein the present applicant along with five other co-accused persons have been named.

It has been specifically stated in the statement of the prosecution witnesses that present applicant along with five other co-accused persons were armed with Banka assaulted inflected 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 in 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 along with five others. It is a case of broad day light murder.

According to contention of the learned Counsel for the applicant the duration of death comes about 3.00 p.m. on 8.6.2006 while the incident as allegedly took place on 8.6.2006 at 6.30 a.m. There is only difference of three and half hours. This difference may come in the opinion of the doctor. Duration of death could not be determined, merely on the basis of fecal matter and gasses were found in the stomach. On the other hand there was old enmity in between both the parties and enmity is a double edged weapon which cut both ways. Therefore, it is not believable after considering the evidence on record that the applicant has been falsely implicated in this case due to enmity. In broad day light murder it is not expected that persons would be implicated falsely after exhonerating the real culprit. This is a case of direct evidence in such type of cases the motive has no significant.

After considering facts and circumstances of the case, there is no force in the submission made by the learned Counsel for the applicant. Consequently, the bail of present applicant is hereby rejected.