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Ratan Singh And Others v. State Of U.P. - CRIMINAL APPEAL No. 4983 of 2004  RD-AH 937 (28 September 2004)
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 prosecution has not come up with the actual facts of the case leading to the actual occurrence. He further submits that the accused appellant Ratan Singh also sustained injuries during the course of alleged occurrence and his wife Smt. Ramo lodged the First Information Report registered as case Crime no. 108A of 2002 as a cross version. he also submits that there is a litigation between the parties relating to land and a civil suit is also pending between the parties. The nature of injuries found on the person of the injured, the evidence of record and the prevailing circumstance of the case do not warrant conviction of the accused appellants under Section 308/34 IPC. 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.
Appellants Ratan Singh, Bhagat Singh and Ganga Bal convicted under Sections 452, 308/34, 506(2) IPC in Sessions Trial No. 961 of 1998 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: 28th September, 2004.
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