Court No. - 46 Case :- CRIMINAL APPEAL No. - 3551 of 2010 Petitioner :- Banwari Respondent :- State Of U.P. Petitioner Counsel :- Manish Chandra Tiwari,Ram Singh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the appellant and learned Additional
Government Advocate and perused the record of the case.
It is argued by the learned counsel for the appellant that there is no
apparent injury on the person of the deceased and according to the
FIR only kick and fists were used for assaulting the deceased.
Initially the report was lodged as NCR under section 323/504 IPC,
but after the death of the deceased the case was converted to one
under section 304 IPC. It is further argued that medical evidence
does not corroborate the eyewitness account inasmuch as the
deceased died due to internal injury.
Per contra, learned AGA opposed the prayer for bail and tried to
support the judgement of the trial court.
Having considered the submissions of the parties and without
expressing any opinion on the merits of the case, let the appellant-
Banwari, convicted and sentenced in ST No. 242 of 2006, under
sections 323/504/304 IPC, PS Shahbad, district Rampur, be
released on bail on his furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 19.7.2010
Ishrat