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Raj Pal And Another v. State Of U.P. - CRIMINAL APPEAL No. 541 of 2007 [2007] RD-AH 3090 (23 February 2007)


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.

Hon'ble K.N.Ojha, J.

The objection filed by the learned AGA be kept on record.

Heard Sri P.N.Misra, learned senior counsel with the assistance of Sri Apul Misra,  learned counsel for the appellants-accused, learned AGA for the State and perused the impugned judgment.

The contention of the  learned counsel for the appellants-accused is that the appellants Raj Pal and Nek Ram alleged to have armed with double barrel gun and lathi, respectively. The appellant Nek Ram did not appear to have caused any lathi injury to the deceased as there is no lathi injury on the person of the deceased. He alleged to have caused injury to the injured but the injury found on his person was neither proved fatal nor grievous in nature, therefore, the case of the appellant Nek Ram is distinguishable from the case of other co-accused.

We have taken into account the entire facts and circumstances of the case but without expressing any opinion on the merit of the case, the appeal is admitted.

Issue notice.

The appellant Nak Ram convicted under Section 323 IPC in S.T.No. 72 of 1992  P.S. Jaitipur Distt. Shahjahanpur shall be released on bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount  to the satisfaction of the court concerned.

The realisation of the fine imposed upon the appellant shall remain stayed during the pendency of his appeal before this Hon'ble Court.

Summon the trial court's record within four weeks.

List on 19th April 2007.

The prayer for bail of the appellant accused Raj Pal shall be considered after receipt of the records.

Dt/- 23rd February, 2007

PKG/4 (541/07)


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