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Atik v. State Of U.P. - CRIMINAL APPEAL No. 3495 of 2006 [2007] RD-AH 7730 (26 April 2007)


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Court No. 44

Criminal Appeal No. 3495 of 2006

Bhagawat Pal                                        ......... Appellant


State of U.P.                                          ..........Opp. Party


Hon'ble Imtiyaz Murtaza, J.

Hon'ble Shiv Charan, J.  

A prayer for bail has been made on behalf of the appellant who has been convicted by the trial court under Section 302 I.P.C. and sentenced to imprisonment for life.

We have heard learned counsel for the appellant, learned counsel for the complainant Sri R.K. Srivastava and learned A.G.A. for the State. Perused the lower court record and the order of Sessions Judge.

It is contended by learned counsel for the appellant that there is no legally admissible evidence against the appellant. The Sessions Judge has relied upon the testimony of a child witness who was not a witness in the chargesheet. There is no eye witness account. The appellant was not named  in the first information report and he was not put up for identification.

On the contrary learned counsel for the complainant submits that appellant is the husband of the deceased. The dead body was found inside his house and the house was found locked from inside. The testimony of child witness, who is  son of the appellant, is truthful and inspires full confidence.

Considering the facts and circumstances of the case, in our opinion, the appellant is not entitled to bail.

Prayer for bail is rejected.

Dated : 26.4.2007



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