High Court of Judicature at Allahabad
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Kaluwa v. State Of U.P. - CRIMINAL APPEAL No. 1167 of 2007  RD-AH 3394 (28 February 2007)
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 deceased was done to death during the imposition of curfew and his dead body was buried thereafter. The complicity of the appellant was shown by the the co-accused and it is alleged that a country made pistol allegedly used in the commission of the murder of the deceased was recovered at his pointing. Since there was imposition of curfew, there was no possibility for the appellant to commit the murder of the deceased and there is no evidence to this effect.
We have taken into account the entire facts and circumstances of the case, but without expressing any opinion on the merit of the case, the appeal is admitted.
The appellant-accused Kaluwa convicted under Sections 302/34 IPC and Section 3 (2) (5) of S.C./S.T. Act in Sessions Trial No.736 of 2006, Police Station Delhi Gate, District Aligarh shall be released on bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of the fine imposed upon the appellant- accused shall remain stayed during the pendency of his appeal.
Dated : 28th February, 2007.
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