Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3453 of 2009 Petitioner :- Nand Kishore Respondent :- State Of U.P. Petitioner Counsel :- Radhey Shyam Shukla Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellant, learned A.G.A. and perused the lower
court record.
Admit.
Issue notice.
The lower court record has been received.
It is contended by learned counsel for the appellant that in the present case the
P.W. 4 Smt. Ratikala, P.W. 5 Kamlesh and P.W. 6 Chhotey @ Krishna
Kumar, who are sister and brothers of the deceased respectively have not
supported the prosecution story. According to their statements, the deceased
died accidently, when she was cuaght by fire at the time of cooking. The
appellant was on bail during the trial, he has not misused the liberty of bail.
Let the appellant Nand Kishore convicted in 1037 of 2003, State Vs. Nand
Kishore, airsing out of case crime no. 73 of 1991, under Sections 498A, 304B
IPC and Section 4 D.P. Act, P.S. Kanth, District-Shahjahanpur 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 fine shall remain stayed during the pendency of the appeal.
Order Date :- 6.8.2010
Ashish Tripathi