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OM PRAKASH @ OMA versus STATE OF U.P.

High Court of Judicature at Allahabad

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Om Prakash @ Oma v. State Of U.P. - CRIMINAL APPEAL No. 233 of 2007 [2007] RD-AH 1011 (16 January 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

This appeal has been filed by Om Prakash @ Oma, Dalganjan and Lekhraj against the judgement and order dated 16.12.2006 passed by Addl. Sessions Judge, Court No. 8,  Shahjahanpur in S. T. No915 of 2004 whereby the appellants have been found guilty and convicted under Sections 308/34, 324/34, 323/34 IPC and have been sentenced to undergo rigorous imprisonment up to five years and fine has also been imposed on them with default stipulation.

Heard learned counsel for the parties  and perused the impugned judgement.

Admit.

Learned counsel for the appellants has contended that learned trial Court has not properly appreciated the evidence on record and has erred in convicting the appellants.  According to him prosecution case as taken is not probable. According to prosecution case, three accused persons armed with weapons came to the house of the informant and asked as to where Viresh  was. They started belabouring him and took  him with them to the field of Deshraj and their further caused him injuries and left him there. After an hour or so   the informant and others set out in search of Viresh and found him in the field and took him to the Hospital.

In the circumstances, but without prejudice to the merits of the case, appellants  be released on bail, during pendency of this appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.

They shall also deposit the amount of fine  as imposed on them. They shall also give an undertaking that they will not indulge in any antisocial or criminal activity and if any report is found against them it shall be open for the court below to report to this court so that their bail may be cancelled.

Dated: 16.1.2007

RKS/233/07


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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