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Leelay v. State Of U.P. - CRIMINAL APPEAL No. 1121 of 2007 [2007] RD-AH 3286 (27 February 2007)


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Hon'ble R.C. Deepak, J.

Hon'ble K.N. Ojha, J.

Objection filed by the State, be taken on record.

Heard learned counsel for the appellant-accused, learned A.G.A. for the State and perused the impugned judgment.

It is contended by the learned counsel for the appellant-accused that the appellant was known to the informant, but he did not mention his name in the first information report indicating his participation in the commission of the murder of the deceased. It is alleged that the appellant had an illicit relations with the wife of the deceased and a country made pistol allegedly used in the offence was recovered at his pointing, but there is no evidence on record that the appellant has committed the murder of the deceased. The incident has taken place in the night and none has witnessed the actual occurrence.

Considering the facts and circumstances of the case, but without expressing any opinion on the merit thereon, the appeal is admitted.

Issue notice.

The appellant Leelay convicted under Section 302 IPC and Section 25 Arms Act in S.T. Nos.1495 of 2001 & 1496 of 2001, Police Station Kotwali Dehat, District Bulandshahar shall be released on bail on his furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.

The prayer for staying the fine imposed upon the appellant is hereby rejected.

Dated : 27th February, 2007.



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