Court No. - 46 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3060 of 2009 Petitioner :- Rikpal Alias Digpal Respondent :- State Of Up Petitioner Counsel :- Ajay Yadav,A.K.Rai,Ravindra Nath Rai Respondent Counsel :- Govt.Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the appellant, learned A.G.A and perused the trial
court judgement and record.
It is submitted by the learned counsel for the appellant that the appellant has
been convicted under Section 304 IPC and not under Section 302 IPC. The
incident happened all of a sudden when the deceased, who was a 9 years old
child picked up some screw driver from the shop of the appellant and the
appellant after taking the screw driver, pierced the same on the deceased
which caused his death. It is further argued that the appellant was minor on
the date of incident as in the statement under section 313 Cr.P.C which was
recorded after 5 years, his age was given as 21 years which was not disputed
by the trial judge. The incident is of 2004. The appellant has been in jail for
about 14 months after conviction and he was also in jail for some period
during trial.
Per contra, learned AGA opposed the prayer for bail and tried to support the
judgement of trial court.
Having considered the submissions of the parties and without expressing any
opinion on the merits of the case, let the appellant Rikpal alias Digpal
convicted and sentenced in S.T. no. 1991 of 2005 State Vs. Rikpal alias
Digpal arising out of case crime No. 553 of 2004, under Section 304 I.P.C,
P.S. Hapur Nagar, district Ghaziabad be released on bail on his executing a
personal bond and furnishing two sureties each in the like amount to the
satisfaction of court concerned.
Order Date :- 27.7.2010
sfa/