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Kapil & Another v. State Of U.P. - CRIMINAL APPEAL No. 1191 of 2007 [2007] RD-AH 3524 (1 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


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 the appellant Ram Autar did not appear to have caused any injury to the deceased Mithun, but alleged to have caused injuries to the informant and Smt. Rambha. Their injuries did not prove fatal, therefore, the case of appellant Ram Autar is distinguishable from the case of appellant Kapil, who alleged to have caused injuries to the deceased resulting into his death.

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.

Issue notice.

The appellant Ram Autar convicted under Sections 302/34, 307/34 IPC in S.T. No.103 of 2000, Police Station Kotwali Deoria, District Deoria 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 half of the fine imposed upon appellant Ram Autar shall remain stayed during the pendency of his appeal before this Court.

The trial court's record be summoned within six weeks.

The appeal be listed on 26th April, 2007.

The prayer for bail of the appellant-accused Kapil shall be considered after the receipt of the trial court's record.

Dated : 1st March, 2007.



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