Nand Ram vs State of U.P.

Shiv Shanker, J.—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.

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 u/s 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.

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.

Shiv Sagar, Shiv Nandan and Shiv Shanker are the real brothers Rakesh Kumar alias Raju Sharma and Nand Ram Sharma is grandson of Shiv Sagar, Vishnu Dutt alias Bishun Sharma is the son of Shiv Nandan. There was dispute regarding the land in between both of them. Co-accused Rakesh Kumar alias Raju does not want to sell the land and Satya Prakash alias Kaju (deceased) objected to sell the same land. Due to this reason dispute arose between them. Therefore, the deceased and the present applicant alongwith co-accused are the member of the same khandan and dispute has arisen between them regarding the same land. Due to this reason, this incident had taken place.

It has been specifically stated in the F.I.R. that the present applicant armed with country made pistol and the applicant Vishnu Dutt alias Bishnu Sharma (applicant) armed with country made pistol, co-accused Rakesh Kumar Sharma armed with 12 bore licensed gun and Nanhey Shukla armed with gun alongwith sales man Gupta had arrived at the house of Satya Prakash alias Kaju by Alto Car and after getting down from the car, he was beaten by them at the time of taking bath. Deceased rushed and entered in the house of Amrit Lal and climbed upon his roof where both the applicant alongwith three others companion also climbed upon there, where they shot fires upon him. Consequently, he died on the spot due to sustaining fire arm injuries. Therefore, the applicant is also the member of the unlawful assembly with the above four co-accused, in prosecution case common object of such unlawful assembly, the deceased was killed by them by causing fire arm injuries.

The post mortem of the deceased also reveals that four fire arms ante mortem injuries were found on the body of the deceased while four persons had made firing upon him. Therefore, it appears that both the applicants had also participated in causing the injuries on the body of the deceased. The prosecution version is also supported with the post mortem report of the deceased.

Blackening and tattooing were found in the all ante mortem injuries. Therefore, same were caused with very close range, same has been stated by the prosecution witnesses. Therefore, the prosecution version is supported with the post mortem of the deceased. According to the site plan, the I.O. had shown firing at very long distance. It is mistake on the part of the Investigating Officer. No benefit can be given to the applicants regarding the mistake of the Investigating Officer.

Both the applicants are the members of same khandan of the deceased. In such circumstances, the applicant could not be implicated falsely by the informant. This is also a broad day light murder.

So far as the alibi taken on behalf of the present applicant Nand Ram is concerned alibi can only be looked at the stage of the trial. However, the contention of the learned Counsel for the applicant is that the present applicant Nand Ram was pursuing his B.D.S. from Ghaziabad and he has attended the patient of the hospital on 16.11.2007, according to Annexure-6 which is at pages 23 to 39. The incident had allegedly taken place on 16.11.2007. At page 29 of Dental O.P.D. Card reveals that Fatma was treated by another doctor but the signature has also been made by the present applicant Nand Ram. At page 33 there is signature of applicant Nand Ram and one Richa. There is certificate of Rakesh Goel chairman which reveals that the present applicant Nand Ram had passed B.D.S. IV years Professional supplementary examination and it is likely to commence Compulsory Rotatory Internship in mid-February, 2008. This certificate does not reveal that the applicant was present on the day of the incident in the said dental college. Merely, signature of the O.P.D. Card dated 16.11.2007 cannot be deemed at this stage that he was not present at the time of alleged incident. It can be proved by the present applicants Nand Ram regarding such alibi. No benefit can be given regarding it at the stage of bail.

After considering the fact and circumstances of the case I do not find any force in the arguments advanced by learned Counsel for the applicants. Therefore, the bail application of the applicants are not liable to be allowed.

Consequently, the bail applications of the present applicants are hereby rejected.