Court No. - 20 Case :- CRIMINAL APPEAL No. - 1786 of 2009 Petitioner :- Uttam Kumar Respondent :- State Of U.P. Petitioner Counsel :- V.K. Shahi,Sunil Kumar Singh Respondent Counsel :- G.A. Hon'ble Imtiyaz Murtaza,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the appellant and the learned
A.G. A.for the State and perused the lower court’s record.
Prayer for bail has been made on behalf of the appellants
Uttam Kumar, Munnakey, Manoj, Thakur and Bihari who
have been convicted by Additional Sessions Judge, court
no.5, Sitapur, in S.T. no. 1109 of 2006 under Sections
147,148,323/149,324/149,302/149 and sentenced them to
undergo one year rigorous imprisonment under Section 147
I.P.C. to undergo t one year six months R.I. under Section
148 I.P.C. to undergo two years R.I.under Section 324/149
I.P.C. to undergo life imprisonment under Section 302/149
I.P.C. with a fine of Rs.5000/- each and in default of
payment of fine further six months imprisonment.
According to the prosecution case in brief is that there was
previous enmity between the accused persons and the
complainant. On 12.5.2006 at about 9.45 P.M. when
complainant along with his father after attending the dinner
party returned to house they saw Uttam Kumar,
Chhotanney, Munakkey, Jagdish, Thakur, Manoj and Bihari
were abusing his brother Sandeep, who was present in the
house. As soon as they reached near their house all the
accused persons, who were armed with banka, danda,
started assaulting on them with banka. On hue and cry
raised by them, his brother Sandeep reached to save them
and he was also assaulted by banka by the accused
persons. Hearing their noises, Ram Chander and several
other villagers attracted to seen of occurrence and identified
the accused persons in the light of the bulb. They challenged
the accused persons but accused persons made their
escape good. The complainant with the help of the villagers
brought his injured father and brother in the hospital but his
father Radheyshyam succumbed to his injuries. On the
basis of this information a report has been registered being
case crime no.872 of 2006 against the accused persons.
After the investigation chargesheet has been submitted
against the accused persons and the Sessions Judge
considering the evidence produced by the prosecution
convicted the appellants, as aforesaid.
It is submitted by learned counsel for the appellants that
specific role of assault by banka has been assigned to
appellant Jagdish and Chhotanney. However, rest of the
appellants are alleged to be armed with lathi and danda. It is
further submitted that the deceased sustained only one
incised wound on non-vital part, which has resulted in his
death.
On the contrary learned A.G.A. opposing the prayer for bail
submitted that there are sufficient evidence against the
appellants and Sessions Judge has rightly convicted the
appellants on the basis of evidence available on record.
Considering the respective submissions of learned counsel
for the parties, facts and circumstances of the case, in our
opinion the appellants are entitled to be released on bail.
Pending appeal appellants Uttam Kumar, Munnakey, Manoj,
Thakur and Bihari convicted in S.T. No.1109 of 2006 shall 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 orders realization of fine shall also remain
stayed.
Order Date :- 2.4.2010
Asha