Court No. - 43 Case :- CRIMINAL APPEAL No. - 1162 of 2010 Petitioner :- Darshan Singh Respondent :- State Of U.P. Petitioner Counsel :- Sarvesh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Admit.
Issue notice.
The lower court record has not been received. Office is directed to summon
the lower court record as soon as early possible.
Order Date :- 6.7.2010
Ashish Tripathi
Hon’ble Ravindra Singh,J.
Heard learned counsel for the appellant, learned A.G.A.
It is contended by learned counsel for the appellant that the appellant is the
husband of the deceased, his marriage was solemnized with the deceased
about four years prior not the incident. The trial Court has come to the
conclusion that the cause of death on account of demand of dowry.
According to the medical examination report the deceased has committed
suicide by way of hanging, even on the basis of evidence, no offence under
Section 306 IPC is made out. The appellant was on bail during the trial, he
has not misused the liberty of bail.
Let the appellant Darshan Singh convicted in S.T. No. 377 of 1999 (case
crime no. 242 of 1995, under Sections 306, 498A, 304B IPC, P.S. Thathia,
District-Kannauj be released on bail on his furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the Court concerned.
The realization of half of the amount of the fine awarded by the trial Court
shall remain stayed, till the pendency of the appeal. The remaining half of the
amount of the fine shall be deposited by the appellant within a month from the
date of his release from the jail. In default of the payment, the appellant shall
be taken into custody.
Order Date :- 6.7.2010
Ashish Tripathi