Court No. - 43 Case :- CRIMINAL APPEAL No. - 770 of 2010 Petitioner :- Pappan @ Rakesh & Another Respondent :- State Of U.P. Petitioner Counsel :- Amit Misra,Viresh Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel fort he appellants and the learned A.G.A. and
perused the record.
It is contended by the learned counsel for the appellants that the evidence of
circumstantial nature, only evidence is of the last seen, it is alleged that the
deceased was called by the appellants at the pretext of taking some foods or
drinks. P.W. 2 Vijai Singh stated that he saw the appellant and the deceased
when they were quarreling on the way, there is no direct eye witness account,
there is no motive or intention to commit the murder of the deceased and there
is no other evidence against the appellants.
Let the appellants Pappan alias Rakesh and Omi convicted in S.T. No. 988 of
2008 under Sections 304/34 I.P.C. P.S. Vrindavan District Mathura be
released on bail on their furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during the pendency of the appeal.
Order Date :- 3.7.2010