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Gajraj And Others v. State Of U.P. - CRIMINAL APPEAL No. 361 of 2007  RD-AH 1684 (2 February 2007)
Hon'ble M. K. Mittal, J.
This appeal has been filed by Gajraj, Maharaj, Lokendra and Ravi against the judgement and order dated 12.1.2007 passed by Addl. Sessions Judge, F.T.C. No. 1, Baghpat in S. T. Nos. 294, 295, 296 of 2004 whereby the appellants have been found guilty and convicted under Sections 307/34, 323/34, 325/34, 452, 506 IPC and have been sentenced to undergo rigorous imprisonment up to five years and fine has also been imposed on them with default stipulation.
Accused Lokendra has been further convicted under Section 25/4 Arms Act and Gajraj has been convicted under Section 25 Arms Act and both have been sentenced to undergo rigorous imprisonment for six months and one year respectively. Fine has also been imposed on them under these sections.
Learned A.G.A. has filed written objection, keep it on record.
Heard learned counsel for the parties and perused the impugned judgement.
Learned counsel for the appellants has contended that four appellants are alleged to have belaboured and caused injuries to five persons. He has also contended that only one fire was made but it missed thereafter blows were given with the but of the country made pistol. He has further contended that it is further alleged by the prosecution that the Sword and the Spear were used from reverse side. On this basis, he has contended that accused had no intention to commit murder of any of the injured.
He has further contended that there are fractures in index finger of Braham Singh, Metacarpal bone of left finger of Hukum Singh and Second Metacarpal bone of left leg of Ram Singh and on this basis, he has contended that at the most the case will not travel beyond Section 325 IPC.
In the circumstances of the case, appellants be released on bail, during pendency of this appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
They shall also deposit half of the amount of fine as imposed and the balance amount of fine shall remain stayed during pendency of this appeal.
They shall also furnish an undertaking that they will not indulge in any criminal or anti social activity and if any report is found against them it shall be open for the Court below to report to this court so that their bail may be cancelled.
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