Court No. - 44 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 574 of 2010 Petitioner :- Akhlak Respondent :- State Of U.P. Petitioner Counsel :- Paritosh Shukla,Amit K.Srivastava,I.M.Khan Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and
perused the lower court’s record.
This appeal has come up before us for consideration of prayer for bail made
on behalf of the appellant who has been convicted by Addl. Sessions
Judge/F.T.C. No. 2, Aligarh in S.T. No. 24 of 2006 under section 302 I.P.C.
and sentenced to undergo life imprisonment and fine of Rs. 5000/-.
According to the prosecution a written report was given by Nawab Khan on
23.12.2004 to the effect that his father Shamsher Khan lives alone in Nagala
Jamalpur. Last night at about 9.30 p.m. Akhlakh, Ahmad Saeed, Allaraji,
Samiruddin, Shareef and Raheesh reached there and administered poison in
tea to his father and he became ill who died in Aligarh. It is further alleged in
the report that he suspects that the accused persons administered poison to his
father resulted in his death. To ascertain the cause of death post mortem was
conducted and viscera was preserved. The report of Forensic Laboratory,
Agra was received in the police station on 2.9.2005 in which cause of death
was shows as administration of poison. The report has been lodged on
2.9.2005 at 4.15 p.m. under section 302 I.P.C. against the accused persons.
After investigation complicity of the appellant Akhlakh was only found and
he was charge sheeted.
The Sessions Judge considering the evidence available on the record
convicted the appellant, as aforesaid.
It is submitted by learned counsel for the appellant that it is a case of
circumstantial evidence. According to the prosecution case appellant is
alleged to have administered poison to the deceased. The report has been
lodged on the basis of an application moved by Nawab Khan who is son of
the deceased and he has deposed that he had heard about administering poison
and he is not an eye witness of the occurrence. The appellant has been made
accused after about 9 months.
On the contrary, learned A.G.A. supported the judgment of the trial court.
Considering the respective submissions of learned counsel for the parties and
without commenting upon the merits of the case, in our opinion the appellant
is entitled to be released on bail.
Pending appeal, appellant Akhlakh convicted in S.T. No. 24 of 2006 be
released on bail on his executing a personal bond and on furnishing two
sureties each in the like amount to the satisfaction of the court concerned.
Till further order realization of fine shall also remain stayed.
Investigation commenced
Order Date :- 12.8.2010
o.k.