Court No. - 28 Case :- CRIMINAL APPEAL No. - 2234 of 2009 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. Petitioner Counsel :- R.N. Gupta Respondent Counsel :- G.A. Hon'ble Shri Kant Tripathi,J.
Heard Sri R.N. Gupta, learned counsel for the appellant and learned AGA and
perused the impugned judgement passed in Sessions Trial No. 435 of 2006,
Crime No. 117 of 2006, under section 307 IPC, P.S. Sandi, District Hardoi.
The learned counsel for the appellant submitted that the cross-case S.T. No.
124 of 2007 was also tried and the accused in the cross case have already
been convicted and sentenced. The appellant’s father Vishweshwar Dayal
sustained three injuries on vital parts from the accused side. The appellant in
exercise of right of private defence to protect his father from the assault,
inflicted single injury on the victim of this case and did not repeat the fire. It
was also submitted that the appellant was on bail during trial and never
abused the same.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellant and the learned AGA, the
appellant Sanjay Kumar is bailed out during the pendency of the appeal in the
aforesaid Sessions Trial on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the
appeal, provided the appellant deposits half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall
transmit photo state copies thereof to this Court for being kept on the record
of this appeal.
List the appeal for hearing in due course.
Order Date :- 19.7.2010
shailesh