Court No. - 2 Case :- CRIMINAL APPEAL No. - 1265 of 2008 Petitioner :- Pappu Kahar Respondent :- State Of U.P. Petitioner Counsel :- Anurag Shukla,Atul Yadav Respondent Counsel :- Govt.Advocate Hon'ble Uma Nath Singh,J.
Hon’ble Ashwani Kumar Singh,J.
Heard learned counsel for parties and perused the appeal record.
Learned counsel for appellant submitted that accused-appellant Pappu Kahar
stands convicted under Section 302/34 IPC for having committed murder or
Asha Ram against whom from the material on record it appears that he had no
motive at all. Learned counsel for appellant also submitted that if at all there
was any motive, it could be attributed to Khushiram who has since died and
the incident took place in the dead of night at about 1.30 P.M. in the month of
September without any provision for light, although the prosecution has
alleged to have seen the accused in torch light. Learned counsel further
submitted that the accused appellant has remained in jail for over two years.
Learned counsel for the appellant also submitted that though the informant is
shown to have been sleeping by the side of deceased but, strangely enough, he
being the brother, did not put any resistance to the incident of assault, thus, his
conduct appears to be unnatural.
Learned State Counsel, on the other hand, supported the impugned judgment
while submitting that the conviction is based on the eye witness accounts and
there is no reason to brush aside his testimony.
On due consideration of rival submissions and perusal of the records, without
expressing any opinion on merits, we accept the prayer for suspension of jail
sentence as well as stay of recovery of fine imposed on appellant Pappu Kahar
son of Ram Ghulam. It is, thus, directed that during the pendency of appeal,
jail sentence and recovery of fine in respect of the said accused appellant shall
remain suspended, and he shall be released on bail subject to the satisfaction
of learned Sessions Judge, Hardoi.
Order Date :- 4.1.2010
kvg/-