Court No. - 18 Case :- CRIMINAL APPEAL No. - 1777 of 2010 Petitioner :- Gopal And Others Respondent :- State Of U.P. Petitioner Counsel :- Pawan Kumar Misra Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard.
Admit.
The appellants have been convicted and sentenced under sections
147, 148, 323/149, 325/149 and 308/149 I.P.C. with a maximum
sentence of seven years’ R.I. and a fine of Rs. 10,000/- under
section 308/149 I.P.C. and sentences of lesser periods and fine
under other sections.
Also heard on C.M.A. No. 61928 (B) of 2010 for bail of the
appellants during the pendency of appeal.
The contention of the learned counsel for the appellants is that
besides the appellants one Karia (non appellant) has also been
convicted and sentenced as above and as per prosecution case, he
has been shown as armed with an axe at the time of incident and,
according to the statement of the complainant and injured PW-1
Ram Tej Pandey said Karia had attacked him with the back portion
of the axe causing lacerated injuries on his head. As per injury
report and X-ray reports, all the injuries of all the injureds were
simple except a dislocation in the index finger of the Ram Tej
Pandey which has been termed as grievous .
It has been pointed out that general allegations have been made
against the appellants, who were on bail during the trial and had
never misused the liberty of bail. It has also been contended that
on the basis of the njuries found on the head of the injureds, the
offence of section 323 instead of the offence of section 308 can be
said to have made out against the appellants.
Considering the above circumstances, nature of the injuries of the
injureds and looking to the fact that there appears no likelihood of
early hearing of this appeal., the appellants are admitted to bail
during the pendency of appeal.
Let appellants Gopal, Bhurey, Milan, Chinku, Rahish, Neebar and
Chinta Ram, convicted and sentenced on 30.4.2010 in S.T. No. 27
of 2003 by the Additional Sessions Judge, F.T.C. No. 2, Shrawasti,
be enlarged in bail on their executing personal bonds and
furnishing two sureties each in the like amount to the satisfaction
of the court concerned. Bail application stands disposed of.
Realization of fine shall remain stayed, provided each of the
appellants deposit 25% of the amount of awarded fine with the
trial court within a month from today.
Record of the lower court be called for.
List on its turn.
Order Date :- 29.6.2010
Rizvi