Court No. - 72
Case :- APPLICATION U/S 482 No. - 17437 of 2019 Applicant :- Amarjeet And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Navin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. Learned counsel for the applicants submits that keeping in mind the nature of injuries which are so extensive and widespread, both in numbers as also body parts on which, they have been suffered and the size of the injury itself establish that the deceased died of some other occurrence probably upon collision with a moving train and not due to any assault made on him. He has also referred to some discrepancy in lodging of an FIR and that the injury claimed by other two witnesses are manufactured and that the FIR is ante timed. Last, it has been submitted that the learned court below has not applied its mind to any of the ground and has mechanically rejected the discharge application filed by the applicants.
3. While in respect of the last argument advanced, there may be some dispute inasmuch as it would be much better if the learned court below may had passed a much detailed order deciding the discharge application, keeping in mind the specific ground (specially ground no.10) raised by the applicants in his application, however, from the same order, it does appear that the learned court below has acted mindful of the statement of the two injured witness. As to the nature of injuries, it would remain a matter of expert evidence to establish whether the same could have been sustained as an assault as claimed by the opposite party or such as may have been caused by other reasons.
4. The applicants are already on bail.
5. Accordingly, the prayer made to set aside the order rejecting the discharge application is declined, however, it is provided that the trial proceeding may be concluded, as expeditiously as possible, without allowing for any undue or long adjournment to either parties.
6. With the above observations, the application stand disposed of.
Order Date :- 30.4.2019 S.Chaurasia