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Ramji Singh & Others v. State Of U.P. - CRIMINAL APPEAL No. 4047 of 2007  RD-AH 10966 (2 July 2007)
Hon'ble M. K. Mittal, J.
This appeal has been filed by Ramji Singh, Subhash Singh, Vimla Shanker Singh against the judgement and order dated 18.5.2007 passed by Addl. Sessions Judge, F.T.C. No. 2, Mirzapur in Sessions Trial No. 72 of 1998 whereby the appellants have been found guilty and convicted under Sections 304/34, 323/34 IPC and have been sentenced to undergo rigorous imprisonment up to ten years and fine has also been imposed on them with default stipulation.
Sri D. K. Srivastava, has filed parcha for the appellants.
Learned A.G.A. has filed written objection keep on record.
Heard learned counsel for the parties and perused the impugned judgement.
Learned counsel for the appellants has contended that it is a cross case and injury was also received by the accused appellants Subhash Singh and Vimla Shanker Singh. However in the cross case the accused have been acquitted.
Learned counsel for the appellants has contended that learned Trial Court has not given a finding as to who was aggressor. He has also contended that it has also not come in evidence that as to whose blow proved fatal.
In the circumstances of the case, 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 half of the amount of fine as imposed on them and the balance half shall remain stayed during pendency of this appeal.
They shall also give an undertaking that they will not indulge in any criminal or antisocial 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.
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