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Yashvir & Another v. State Of U.P. - CRIMINAL APPEAL No. 1132 of 2007 [2007] RD-AH 3476 (28 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 appellants-accused, learned A.G.A. for the State and perused the impugned judgment.

It is contended by the learned counsel for the appellants-accused that no role in regard to the offence against the appellants has been described in the first information report. Later on it was developed that the appellants caught hold of the deceased and the co-accused choked him resulting into his death. Therefore, the false implication of the appellants in the case cannot be ruled out.

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

Issue notice.

The appellants Yashvir and Mahendra convicted under Section 302/34 IPC in S.T. No.484 of 2004, Police Station Keeratpur, District Bijnor shall be released on bail on their furnishing personal bonds of Rs.50,000/- each with two sureties each in the like amount to the satisfaction of the court concerned.

Out of the total fine imposed upon each of the appellants, a sum of Rs.8000/- to each of the appellants shall remain stayed and the remaining fine, so deposited, shall be paid to the aggrieved person as directed by the trial court.

Dated : 28th February, 2007.



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