SHAQEEL AHMAD versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shaqeel Ahmad v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11352 of 2006 [2006] RD-AH 10640 (14 June 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an application for bail moved on behalf of the applicant Shaqeel Ahmad   indicted in case crime No.958  of  2005 under sections 302 and 506  I.P.C. P.S. Jahanabad  District Pilibhit .

Heard Shri Jitendra Pal Singh, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The prosecution  case in nutshell is that on 24.11.2005 at about 10 A.M.  there has been quarrel between the applicant and informant's brother Mohd. Ummar(victim)  while playing Ludo and the applicant and co-accused had threatened to kill him. At about 5 P.M.the applicant carrying knife along with co-accused Akil Ahmad armed with country made pistol waylaid the victim. It is said that applicant gave knife blow in the abdomen of victim and he died instantaneously. The postmortem certificate indicates the presence of stabbed wound 2.5 cm. X 1.5 cm. X abdominal cavity deep on left side of abdomen 13 cm. below and of 4 O' clock position or umbilicus abdominal. The death was caused due to shock and hemorrhage as a result of ante mortem injury.

The learned counsel for the applicant submitted that there was not intention to kill the victim therefore case under section 304 I.P.c. is made out.The learned counsel argued that incident took place all of a sudden while playing Ludo game. The submission of the learned counsel was that  there was no motive to kill.

The learned A.G.A. argued that applicant and co-accused had threatened to kill the victim in the morning and in the evening they surrounded him and the applicant gave knife blow in his abdomen. The submission of the learned counsel was that the intention to kill is apparent from the fact that the applicant and co-accused came armed with weapons and the applicant used the knife with the intention to kill.      

I have taken into consideration the submissions advanced on behalf of both the parties.

The specific role of mounting murderous assault on the victim by giving knife blow and causing abdominal injury has been assigned to the applicant. The prosecution version receives corroboration from medical evidence. In the postmortem certificate the stab wound on abdomen was found. The quarrel while playing Ludo had taken place in the morning and the applicant and co-accused threatened to kill the victim. The incident took place at about 5 P.M. The applicant and co-accused came armed with weapons and mounted assault on the victim therefore the intention to kill is apparent.  In view of these facts, I decline  to grant bail to the applicant.

The  application for bail moved on behalf of the applicant Shaqeel Ahamd is hereby rejected.  

Aks11352/06

14.6.2006

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