High Court of Judicature at Allahabad
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Munne & Another v. State Of U.P. - CRIMINAL APPEAL No. 1300 of 2007  RD-AH 3848 (7 March 2007)
Hon'ble K.N.Ojha, J.
Objection filed by the State, be taken on record.
Heard learned counsel for the appellants-accused, learned AGA for the State and perused the objection and impugned judgment.
It is contended by the learned counsel for the appellants-accused that seven persons alleged to have caused injury to the deceased but the presence of two injuries on his person indicates the absence of informant and prosecution witnesses at the place of occurrence. His further contention is that the conviction has been recorded under Section 304 IPC but it may not be a case of culpable homicide but if the entire prosecution case is admitted as a whole, it would indicate that there was an intention to cause bodily injury, therefore, the conviction of the appellant under Section 304 IPC is bad in law.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, the appellants have made out a case for their release on bail.
The appellants Munne and Babu convicted under Section 147, 148, 304/149 IPC and 3(2) 5 SC/ST Act in Sessions Trial No. 38 of 1999 P.S. Vinaur Distt. Budaun shall be released on bail on their furnishing a personal bond of Rs.50,000/-each with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine imposed upon the appellants shall remain stayed during the pendency of their appeal before this Court and the remaining half of the fine shall be deposited forthwith.
Dt/- 07th March, 2007
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