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Sarvesh & Others v. State Of U.P. - CRIMINAL APPEAL No. 16 of 2007  RD-AH 1990 (7 February 2007)
Hon'ble Mukteshwar Prasad, J.
Hon'ble K.N. Ojha, J.
We have heard, learned counsel for the appellants and learned A.G.A. We have gone through the impugned judgment also.
The office is directed to summon the trial court record within eight weeks.
Admittedly, appellants no. 1 to 3 are husband, father-in-law and mother-in-law respectively and marriage of the deceased took place in the month of June, 2001. Out of this wedlock, a son was born about six months prior to the alleged dowry death.
It is contended on behalf of the appellants that both father-in-law and mother-in-law of the deceased are very old and they played no role in committing murder of the lady. It is further contended that no independent witness appeared in the witness box to support the prosecution version. Moreover, there are material contradictions in the testimony of the informant (Shanker Lal), who is real brother of the deceased. The appellants no. 2 and 3 (Shrichandra Gupta and Smt. Meena Devi) were on bail during trial and did not misuse the liberty of bail.
On the other hand, learned A.G.A. has contended that the doctor who did post-mortem examination found that there were 1st to 4th degree burns all over the body of the deceased and she had her unnatural death. The death was caused on account of burning.
Considering all submissions made on behalf of the parties and the evidence on record led during trial, we find it appropriate to release the appellants no. 2 and 3 (Shrichandra Gupta and Smt. Meena Devi) on bail during pendency of appeal.
Let the appellants- Shrichandra Gupta and Smt. Meena Devi be enlarged on bail during pendency of appeal on their executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Shahjahanpur in S.T. No. 1505 of 2003 State Vs. Sarvesh and others.
The prayer for bail of appellant no.1 Sarvesh shall be considered after receipt of record.
Both the appellants are directed to deposit the entire amount of fine in the court below within a period of six weeks from today.
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