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Surya Prakash @ Surya Prasad And Others v. State Of U.P. - CRIMINAL APPEAL No. 5186 of 2004 [2004] RD-AH 1061 (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 Sri P.N.Misra, learned Senior counsel assisted by Sri Apul Misra, 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 since the marriage of the deceased Nirmala with accused appellant Surya Prakash was solemnised  eight years earlier to the alleged date of occurrence, the provision of Section 113A of the Evidence Act is not effected. The sentence awarded to the accused appellants under Section 306 IPC is 7 years' R.I. and accused appellant no.1 Surya Prakash has already served out half of the sentence and the remaining accused 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 Surya Prakash alias Surya Prasad, Subhash, Smt. Krishnawati and Smt. Durpata alias Patarka convicted  under Sections 498A, 306 IPC and 4 D.P. Act in Sessions Trial No. 260 of 2001 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/3 (5186/04)


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