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Mohan Singh v. State Of U.P. - CRIMINAL APPEAL No. 4441 of 2003 [2007] RD-AH 13747 (8 August 2007)


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Court No. 44

Criminal Appeal No. 4441 of 2003

Mohan Singh                                           ..........................         Appellant


State of U.P.                                               ..........................         Opp. Party


Hon'ble Imtiyaz Murtaza, J.

Hon'ble Vijay Kumar Verma, J.  

Prayer for bail has been made on behalf of appellant, who has been convicted by  Additional Sessions Judge/Special Judge (S.T./S.T. Act) Etawah  vide judgement and order dated 30.8.2003 passed in S.T. No. 04 of 2002 and sentenced him to imprisonment for life under Section 302 I.P.C.  and a fine of Rs.100/-.

Heard learned counsel for the appellant and learned A.G.A. for the State.  

It is submitted by learned counsel for the appellant that the first information report is ante timed and there is confusion about the actual time when the police reached at the place of occurrence. Some witnesses deposed that police reached at the place of occurrence at about 9.00 - 9.30 A.M. and the report was lodged at 11.35 A.M.. There is also delay in despatching the dead body to the mortuary. Initially only appellant was made an accused and subsequently  an application was moved by the informant implicating some other persons also. It is further contended that there is conflict in direct and medical evidence. It is further submitted that strangulation by Dupatta is not possible and appellant had no motive to commit the offence. The presence of the eye witnesses at the time of occurrence is also highly doubtful.

On the contrary learned A.G.A. submits that the report has been lodged promptly. The informant had denied the contents of the application moved subsequently implicating other co-accused. He  stated that only his thumb impression was obtained on a plain paper and he had denied the contents of the application in court. It is further submitted that the appellant had motive to commit the offence as he teased the deceased few days prior to the occurrence.

Perused the lower court record and the order of Sessions Judge.

Considering the facts and circumstances of the case and evidence on record, we are not inclined to grant the bail to the appellant.

Prayer for bail on behalf of the appellant is rejected.

Office is also directed to prepare the paper book and list this appeal for final hearing at an early date.

Dated : 08.8.2007



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