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Tahseen And Another v. State Of U.P. - CRIMINAL APPEAL No. 7808 of 2006  RD-AH 732 (11 January 2007)
Hon'ble M. K. Mittal, J.
This appeal has been filed by Tahseen and Kamil against the judgement and order dated 29.11.2006 passed by Addl. Sessions Judge, F.T.C. No. 2, Saharanpur in S. T. No. 94 of 1998 whereby the appellants have been found guilty and convicted under Section 307/34 IPC and have been sentenced to undergo rigorous imprisonment for four years and fine has also been imposed on them with default stipulation.
Heard learned counsel for the parties and perused the impugned judgement.
Learned counsel for the appellants has contended that appellants are alleged to have given sword blow to the injured Shamshad injured no. 1 which was caused on head was found to be grievous as parietal bone was found fractured. According to medical report, this injury was lacerated wound.
Contention of learned counsel for the appellants is that prosecution has not explained this injury.
In the circumstances of the case, appellants be released on bail, during pendency of this appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
They shall also deposit the amount of fine as imposed on them and shall also furnish an undertaking that they will not indulge in any criminal or anti social activity and if any report is found against them it shall be open for the court below to report to this court so that their bail may be cancelled.
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