Court No. - 28 Case :- CRIMINAL APPEAL No. - 1934 of 2010 Petitioner :- Vijay Kumar @ Dhurkulli & Another Respondent :- State Of U.P. Petitioner Counsel :- Pawan Kumar Misra Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellants and the learned AGA and
perused the record.
The appellants Vijay Kumar @ Dhurkulli and Bikau Lal have preferred this
appeal against the judgment and order dated 14.7.2010 passed by the learned
Additional Sessions Judge, Fast Track Court (Second) Shravasti in S.T. No.
62 of 2008, whereby the learned Additional Sessions Judge has convicted and
sentenced each of the appellants under sections 308/34, 324/34 IPC, and the
maximum sentence imposed on each of them is of five year.
Admit.
Summon the lower court record.
The learned counsel for the appellants submitted that none was named in the
initial report given to the police but during the investigation the names of the
appellants came to light. It was next submitted that the injured had sustained
only one injury caused with some sharp edged weapon and according to the
prosecution case both the appellants assaulted the injured with sharp edged
weapon and this fact does not find corroboration from the medical evidence.
There is also no evidence to show as to which the appellants was responsible
for causing the sole injury. It was further submitted that the occurrence took
place in the night and none of the witnesses identified the assailants but due to
enmity the appellants were implicated in this case during the investigation. It
was also submitted that the appellants were on bail during the trial and never
abused the same. It was also submitted that there is no prospect of the appeal
being heard in near future due to heavy dockets.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellants and the learned AGA,
the appellants Vijay Kumar @ Dhurkulli and Bikau Lal are bailed out during
the pendency of the appeal, in Sessions Trial No. 62 of 2008, under sections
308/34 IPC, P.S. Kotwali Bhinga, district Shravasti on their each furnishing a
personal bond and two sureties each in the like amount to the satisfaction of
the court concerned.
On acceptance of bail bonds and personal bond, the lower court shall transmit
photo state copies thereof to this Court for being kept on the record of this
appeal.
Let the paper books be prepared.
Order Date :- 22.7.2010
MTA