Court No. - 20 Case :- CRIMINAL APPEAL No. - 1757 of 2006 Petitioner :- Vishram Verma Respondent :- The State Of U.P. Petitioner Counsel :- Arun Sinha,Raj Baksh Singh Respondent Counsel :- Govt.Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Virendra Kumar Dixit,J.
This appeal has come up before us for consideration of the prayer for bail.
The appeal has been preferred against the judgment and order dated 19.7.2006
passed by IV Addl. Sessions Judge Faizabad in S.T.No. 134 of 1995 whereby
the appellant has been convicted udner section 302/34 IPC and sentenced to
undergo imprisonment for life attended with the sentence of fine of Rs.
10,000/- with default stipulation.
The abridged version of the prosecution case is that on 21.10.1994, the
complainant was on way to his house from School and at about 2,30 p.m he
saw accused persons who were armed with country made pistol and knife
assaulting his brother Ramu upon which he yelled for help. On his yelling,
village people were attracted and challenged thea ccused persons upon
wwhich accused persons escaped while firing. The deceased who was alive at
that time was rushed to the hospital and in the course of treatment, he
succumbed to his injuries.
We have heard learned counsel for the appellant and also learned A.G.A and
perused the materials on record. We have also scrutinised the finding to the
extent it is relevant for consideration of the prayer for bail.
The argument advanced across the bar substantially is that the co accused
Akshai Pal and Ram Baran who were armed with lathi have already been
enlarged on bail. He also adverted to the post mortem report showing that the
deceased had sustained six knife injuries but main internal damage was done
by contusion at the back of the head which was result of lathi injury.Precisely
speaking, it cannot be said at this stage who caused the fatal injury to the
deceased.
In view of the above discussion, we are of the view that the appellant be
released on bail pending appeal in this Court.
Let appellant Vishram Verma be released on bail on his furnishing sureties
and bonds to the satisfaction of the court below. In the meanwhile realisation
of fine shall also remain stayed.
Order Date :- 2.4.2010
MH