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Nand Kishore & Another v. State Of U.P. - CRIMINAL APPEAL No. 4416 of 2005 [2006] RD-AH 11429 (13 July 2006)


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Hon'ble Mukteshwar Prasad, J.

Hon'ble Vinod Prasad, J.

We have heard Sri P.N. Mishra, Senior Counsel for the appellants on the bail prayer of present appellants, Sri R.B. Gaur, learned counsel for the informant as well as learned A.G.A. in opposition.

It is contended by Sri Mishra that it is a night incident and the eyewitnesses were not present on the spot otherwise they would certainly have intervened to save the deceased. It is further contended that according to doctor, there is only one fatal injury found on the body of the deceased and who caused that injury it is not known.

Learned A.G.A. as well learned counsel for the informant contended that the murder was committed for tampering of evidence, as the deceased was an eyewitness against the accused. They further invited the attention of the Court on other injuries, which are on forehead, face, neck and back. They also contended that three bones, parietal, frontal and temporal, have been found to be fractured and the deceased had died as a result of accumulative effect of the injury received on the head.

We have given our anxious consideration on the contentions raised by both the sides. We do not find any reason to enlarge the appellants on bail. The bail prayer of the appellants is rejected at this stage.




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