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Sukendra And Another v. State Of U.P. - CRIMINAL APPEAL No. 5147 of 2004 [2004] RD-AH 1060 (6 October 2004)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble R.C.Deepak, J.

Heard learned counsel for the accused-appellants, learned Addl. Government Advocate for the State and perused the judgment.

The learned counsel for the accused-appellants submits that the occurrence is said to have taken place between the intervening night of 2/3.10.2001 at 7:45 AM and the report was made on the next day at 10 AM. There is delay in lodging of the First Information Report. No source of light has been mentioned. He further submits that the injuries found on the person of the injured did not prove fatal. The appellants had been on bail during trial and they had not misused the privileges granted to them.  There is no possibility that the appeal be heard in the near future.

Considering the arguments of the learned counsel for the parties, as stated above, but without expressing any opinion of their arguments on merit, the appeal is admitted.

Issue notice.  

Appellants Sukendra and Ram Kumar alias Kumariya convicted  under Section 307/34 IPC in Sessions Trial No. 197 of 2003 shall be released on bail on their  furnishing  a  personal  bond  with two sureties each in the like amount to the satisfaction of Court concerned.

The realization of fine shall also remain stayed during the pendency of their appeal before this Hon'ble Court.

Dated: 06th  October, 2004.

PKG/20 (5147/04)


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