Court No. - 25 Court No. - 25 Case :- CRIMINAL APPEAL No. - 84 of 2010 Petitioner :- Kallu alias Raj Kumar and another Respondent :- State Of U.P. along with: Case :- CRIMINAL APPEAL No. - 212 of 2010 Petitioner :- Chatra Pal Respondent :- State Of U.P. and Case :- CRIMINAL APPEAL No. - 2695 of 2010 Petitioner :- Khushi Ram Respondent :- State Of U.P. Hon'ble Abdul Mateen,J.
Hon’ble Y.K. Sangal, J.
Since these three appeals arise out of one and the same judgment, as such, the
same are being taken up together for the purpose of consideration of bail in
pending appeal.
These appeals have been preferred against judgement and order dated
13.10.2009 passed by Additional Session Judge, Unnao in Sessions Trial No.
181 of 2005 (arising out of Case Crime No. 1022 of 2004, under Section
396/412 IPC, police station Kotwali, district Unnao) as well as in Session Trial
No. 06 of 2006 (arising out of Case Crime No. 1022 of 2004, under Sections
412 IPC, police station Kotwali, district Unnao) whereby the appellants,
namely, Kallu alias Raj Kumar, Manni Lal, Chatra Pal and Khushi Ram have
been convicted under Sections 396 IPC and sentenced for maximum term of
life imprisonment with fine stipulation.
We have gone through the judgment as well as record of lower court,
including statements of complainant-PW-1, FIR as well as post mortem report.
It has been argued by learned counsel for the appellant that the complaint has
denied form lodging of the FIR and has stated that on a blank paper her thumb
impression was taken by the police and thereafter FIR was lodged. She has
named the appellants who have entered into the house and committed murder
of her daughter-in-law Smt. Kalpana Sharma, son Ved Prakash Sharma and
husband Shiv Lal Sharma while looting the property from the house of the
complainant. It has also come in the evidence that the accused persons are
residents of the same village and are recognized by PW-1 and other
prosecution witnesses of fact.
It is a case of triple murder where the appellants have been duly identified by
the prosecution witnesses.
Not a fit case for bail.
The prayer for bail of the appellants is hereby rejected.
Order Date :- 26.07.2010
Pradeep/-