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Judgment
Barkat Ali Zaidi, J.—Applicantaccused is charged, under section 302 Indian Penal Code. He has come for bail here.
Heard Sri Vijay Kumar Dixit Advocate for the applicant, and Addl. Government 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 country made pistol which the accused had in his hand, while, the brothers were quarrelling went off causing the death of the deceased.
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 brothers, the pistol in the hand of the accused went off, causing the death of her husband.
The primafacie indication, therefore, is that there was no intention to cause death. Bail may, therefore, be granted.
He be released on bail on his furnishing a personal bond of Rs. 15,000/with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Shahjahanpur.
Application Allowed.