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Rakesh Singh And Others v. State Of U.P. - CRIMINAL APPEAL No. 4221 of 2005  RD-AH 6011 (3 April 2007)
Hon'ble R.C. Deepak, J.
Hon'ble K.N. Ojha, J.
Heard Sri V.P. Srivastava, learned senior advocate assisted by Sri Dharmendra Pratap Singh, learned counsel for the appellants-accused, Sri M.C. Chaturvedi, learned counsel for the informant, learned A.G.A. for the State and perused the record.
It has vehemently been argued by the learned counsel for the appellants-accused that the deceased in the case is Ram Prakash, who died of firearm injuries and injured Nanku Singh also sustained firearm injuries. The prosecution examined P.W.1 Nanku Singh, P.W.2 Lakshman Singh and P.W.3 Baccha Singh and all of them turned hostile. Injured witness Nanku Singh feigned ignorance of his injuries and his statement indicates that the appellants-accused did not participate in the murder of Ram Prakash and did not cause injury to him. The conviction of the appellants has been recorded on the basis of solitary evidence of P.W.4 Ram Nath, the informant in the case. Learned counsel for the appellants-accused has further contended that the presence of this witness at the place of occurrence is highly doubtful, as admittedly he is an accused in the murder case of the father of the appellant Lal Singh, Lachchhan Singh and Rakesh Singh. Had he been present on the spot, he would not have been spared, as his father was not having strong enmity against the appellant to be eliminated. Therefore, he cannot be said to be a wholly reliable witness.
On the other hand, learned counsel for the informant and the learned A.G.A. contend that it is a broad daylight murder and the first information report was made promptly. Specific role of causing firearm injuries has been attributed to the appellants. However, they could not contradict in regard to the presence of the informant.
We have taken into account the arguments of the learned counsel for the parties; that the evidence on record and the facts and circumstances of the case, but without expressing any opinion on the merit thereon, we are of the view that the appellants have succeeded in making out a case for their release on bail at this stage.
The appellants Rakesh Singh, Lachchhan Singh and Ram Chandra @ Bachcha Singh convicted under Sections 148, 302/149 IPC in S.T. No. 348 of 1996, Police Station Khaga, District Fatehpur 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.
The realisation of fine imposed upon the above-named appellants-accused shall remain stayed during the pendency of their appeal before this Court.
Since appellant-accused no.3 Lal Singh has already died, his appeal is abated.
Dated : 3rd April, , 2007.
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