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Sharda Prasad And Others v. State Of U.P. - CRIMINAL APPEAL No. 7961 of 2006  RD-AH 8585 (7 May 2007)
Court No. 44
Criminal Appeal No. 7961 of 2006
3.Smt. Chandr Kanta ......... Appellants
State of U.P. ..........Opp. Party
Hon'ble Imtiyaz Murtaza, J.
Hon'ble Shiv Charan, J.
We have heard learned counsel for the appellants and learned A.G.A. for the State and perused the lower court record as well as the order of Sessions Judge.
It is contended by learned counsel for the appellants that three appellants including two ladies were convicted under Section 302/34 I.P.C. and sentenced them to life imprisonment. It is further submitted that the deceased had committed suicide by hanging in the house of the accused and an information was sent by one of the appellant to the police station and thereafter inquest memo was prepared. Subsequently false report has been lodged against the appellants for committing the murder of the deceased. It is also submitted that there is nothing on the record to indicate that the appellants had committed the murder of the deceased. There is no sign of resistance. Only one ligature mark was found. It also shows that cause of death was hanging as there was a gap of 6 cms. In the ligature mark. It is further submitted that there was rumour that deceased had relation with Chandrakanta who had informed about the death of the deceased.
Considering the facts and circumstances of the case, we are of the opinion, that the appellants are entitled to bail.
Pending appeal, the appellants namely Sharda Prasad, Smt. Shanti Devi and Smt. Chandra Kanta, convicted and sentenced in S.T. No. 293 of 2002 (State Vs. Sharda Prasad & others) shall be released on bail on each of them executing personal bonds and on furnishing two sureties each in the like amount to the satisfaction of court concerned.
Realisation of fine shall also remain stayed.
Dated : 7.5.2007
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