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Hari Ram Pal v. State Of U.P. - CRIMINAL APPEAL No. 7939 of 2006 [2007] RD-AH 4143 (12 March 2007)


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Hon'ble R.C. Deepak, J.

Hon'ble K.N. Ojha, J.

Heard learned counsel for the appellant-accused, learned A.G.A. for the State and perused the objection filed by the State and the trial court's judgment.

It has vehemently been argued by the learned counsel for the appellant-accused that there is no evidence against the appellant to have caused injuries to the deceased. It is alleged that the deceased while alive disclosed to the informant that the appellant had caused him injuries and that too came into light after 8 days of the cremation of the dead body. The further contention of the learned counsel for the appellant-accused is that according to P.W.5 the deceased and he had gone to ease. He returned back beside the house of the appellant, but the deceased stayed there and thereafter he heard the sound of firing. The deceased was found lying in an injured condition nearby the house of the appellant and he was shifted to the hospital for medical aid. These circumstances also do not indicate that the appellant caused him firearm injuries.

We have taken into account the arguments of the learned counsel for the parties, the facts and circumstances of the case, but without expressing any opinion at this stage on the merit of the case, we are of the view that the appellant has made out a case for his release on bail. Consequently, the appeal is admitted.

Issue notice.

The appellant Hari Ram Pal convicted under Section 304 Part-I IPC in S.T. No. 127 of 2000, Police Station Gohan, District Jalaun 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.

Dated : 12th March, 2007.



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