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Smt. Hem Lata & Others v. State Of U.P. - CRIMINAL APPEAL No. 8051 of 2006  RD-AH 10081 (24 May 2007)
Court No. 46
Criminal Appeal No. 8051 of 2006
Smt. Hem Lata and others...............................Appellants
State of U.P................................................Opposite party.
Hon'ble Amar Saran, J.
Hon'ble R.N. Misra, J.
We have heard learned counsel for the appellants and the learned A.G.A. and have perused the record.
An F.I.R. was lodged on 26.9.2001 by Om Prakash, step brother of the deceased Vijay Pal that the deceased was missing since 15.7.2001 and that he had been done to death by the appellant Hem Lata and the other appellants with whom she was said to be having illicit relations because she had been bequeathed the estate of the father of the deceased Vijay Pal, her husband and she wanted him out of way in order to enjoy the property. The appellants have been convicted to imprisonment for life and a fine of Rs. 10,000/- under Section 364 IPC.
It is argued by the learned counsel for the appellants that there is absolutely no legal evidence to connect the appellants with the offence and in fact the informant Om Prakash, who was a step brother of the deceased, was annoyed, as the properties had been willed to the appellants and hence they have falsely implicated Hem Lata and other accused persons. There is only evidence of extra judicial confession before P.W.4 wife of Satyapal another step brother of the deceased, who was also hostile to the appellants because of the will of the properties in their favour. Furthermore, intrinsically the evidence of extra-judicial confession is a weak kind of evidence and there was no reason for the appellant Hem Lata to have gone to the other claimants for the properties in order to make an extra-judicial confession to them. One witness of last seen of the deceased with the appellants has been cited as P.W. 5 Sandeep Singh, but he has also turned hostile. There is, therefore, no sufficient legal evidence. The appellants were also on bail during trial.
In this view of the matter, without commenting on the merits of the case, let the appellants Smt. Hem Lata, Nagesh @ Nagendra, Manju Sharam @ Awadhesh and Sanjay Kumar involved in S.T. No. 508 of 2002 be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Fine awarded to the appellants is reduced to the extent of half during the pendency of the appeal before this Court.
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