Court No. - 2 Case :- CRIMINAL APPEAL No. - 2188 of 2009 Petitioner :- Ram Jas Respondent :- State Of U.P. Petitioner Counsel :- Smt. Nalini Jain Respondent Counsel :- G.A. Hon'ble Uma Nath Singh,J.
Hon’ble Ashwani Kumar Singh,J.
Heard learned counsel for parties and perused the materials on record.
Learned counsel for the appellant submitted that earlier this appeal was
not listed with other three criminal appeals namely; 2145 of 2009, 2149
of 2009 and 2190 of 2009 on 25.11.2009, therefore, only the co-
accused-appellants were granted bail. Learned counsel for the appellant
further submitted that the case of appellant is not different from that of
other co-accused appellants except that he caused abrasions to the
deceased, whereas, the aforesaid appellants in connected matters caused
injuries to prosecution witnesses and further that all the accused-persons
have been convicted with the aid of Section 34 I.P.C. only.
Learned State counsel also does not have any ground to refute the
submissions of learned counsel for the appellant.
In the connected appeal, we have passed the following order :-
” Heard learned counsel for appellants and learned A.G.A. for State,
and perused the record.
This order shall also dispose of prayers for suspension of sentence of
co-accused Babu Badhai and Bhagauti in Criminal Appeal No. 2149
of 2009 and Criminal Appeal No. 2190 of 2009.
Learned counsel for appellants submits that the incident took place
over a trivial matter regarding cattle grazing, and the accused
appellants caused the alleged injuries without premeditation. It is also
a submission of learned counsel that the fatal injury noticed on the
chest was caused with spear which has been attributed to accused
Chhotkau. The deceased had received only three injuries, namely, one
spear wound and two abrasions. As per the cross examination of
doctor, two abrasions noticed on the dead body could come as a result
of friction against some hard object. Besides, the wounds caused to
the injured witness have been found to be simple only. The accused
appellants have been convicted with the aid of Section 149 I.P.C. and
thus, the Court may take into consideration the individual role of
each of the accused appellants.
Submissions of learned counsel are founded upon the facts and
evidence as noticed in the impugned judgement, and thus learned
State Counsel does not have a cogent ground to refute the same.
In view of all the above, we accept the prayers for grant of suspension
of jail sentence as well as stay of recovery of fine qua accused
appellants Munna alias Ram Dutt, son of Ram Milan, Babu Badhai,
son of Munna alias Ram Dutt and Bhagauti son of Samay Deen, all
residents of Village-Kanjahi Purwa, H/o Birwa Fakir, Police Station-
Kaudiya, District-Gonda. It is, thus, directed that the jail sentence as
well as recovery of fine qua appellants Munna alias Ram Dutt, Babu
Badhai and Bhagauti shall remain suspended during the pendency of
appeal and they shall be released on bail on each of them furnishing
bail bonds to the satisfaction of learned Sessions Judge, Gonda.”
Since the accused-appellant herein only caused abrasion and no other
specific role has been attributed to him and it is apparent from the
record that accused Chhotkau has caused fatal injury to the deceased
with spear, we are inclined to accept the prayer for grant of relief .
In view of the position being clear, without expressing any opinion on
merits, we allow the prayer for suspension of jail sentence and stay of
recovery of fine. Thus, the jail sentence and recovery of fine as imposed
upon accused-appellant Ram Jas son of Samokhan Chamar, resident of
Village Kanjahi Purwa, H/o Birwa Fakir, police station Kaudiya,
District Gonda shall remain suspended during the pendency of appeal,
and he shall be released on bail subject to his furnishing bail bonds to
the satisfaction of learned Sessions Judge, Gonda.
Order Date :- 4.1.2010
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