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Udaya Ram v. State Of U.P. - CRIMINAL APPEAL No. 1867 of 2007 [2007] RD-AH 5065 (21 March 2007)


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Hon'ble R.C. Deepak, J.

Hon'ble K.N. Ojha, J.

Learned A.G.A. submits that the objection has already been filed in criminal appeal no.1338 of 2007.

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 in the case is Rajiv Kumar Shukla, who died of injuries. The prosecution witness Vindhyavasni Shukla is the father of the deceased and also an injured witness in the case, but he feigned ignorance of his injuries and the injuries on the persons of the deceased caused by the accused. Therefore, there is no other convincing evidence to show the participation of the appellant in the commission of the murder of the deceased. He further contends that the co-accused Ashtabhuja, similarly situated under the same facts and circumstances, has already been released on bail in criminal appeal no.1338 of 2007.

We have taken into account the entire facts and circumstances of the case, but without expressing any opinion on the merit thereon, the appeal is admitted.

Issue notice.

Connect this criminal appeal with criminal appeal no.1338 of 2007.

The appellant Udaya Ram convicted under Sections 304/34, 323/34 IPC in S.T. No. 1026 of 2005, Police Station Manda, District Allahabad 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 fine imposed upon the appellant-accused shall remain stayed during the pendency of his appeal before this Court.

Dated : 21st  March, 2007.



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