Court No. - 46 Case :- CRIMINAL APPEAL No. - 1587 of 2010 Petitioner :- Aizaz Respondent :- State Of U.P. Petitioner Counsel :- Jitendra Pal Singh Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Chaurasia,J.
Heard learned counsel for the appellant and the learned A.G.A.
It is submitted by learned counsel for the appellant that two eye witnesses namely P.W. 1 Fahim
and P.W. 2 Sri Akram have been disbelieved by the trial judge because P.W. 5 Dr. Ehatshyam
Ahmad found only lacerated injuries on the body of the deceased (when he examined him as
injured) whereas, as per the version of the eye witnesses the accused Aizaz has been assigned the
role of knife and the deceased was assaulted by sharp edged injuries. Also P.W.3 was declared
hostile and he has been wrongly relied upon by the trial judge. It was highly improbable that the
appellant and the co-accused would have committed the murder of the deceased. It is further
contended by the learned counsel for the appellant that the appellant was on bail during trial.
Learned A.G.A. however, argued that P.W. 7 Dr. Tariq Ahmad who conducted post mortem on
the body of deceased Smt. Tahjiv found incised wounds on the person of the deceased. This court
is therefore not bound by the findings recorded by the trial judge for disbelieving P.W. 1 and
P.W.2 on the ground that the deceased was said to have lacerated wounds, by P.W. 5 Dr.
Ehatshyam Ahmad, as there is an injured witness and it is a broad day light murder and the
report was promptly lodged. Appellant was armed with a knife and is said to have committed
murder of the deceased.
Having considered the submissions made by the learned counsel for the parties and without
expressing any opinion on the merits of the case, the appellant Aizaz is not entitled to be released
on bail in S.T. No.666 of 2007 arising out of case crime no. 48 of 2007 under sections 452, 307,
302, 504, 506 I.P.C. Police station Civil Line, Aligarh.
The prayer for bail of appellant Aizaz is rejected.
Office is directed to prepare paper book, preferably within 3 months and to list the appeal
thereafter for hearing.
Order Date :- 10.5.2010
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