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Chandan v. State Of U.P. - CRIMINAL APPEAL No. 4167 of 2006 [2006] RD-AH 12539 (31 July 2006)


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 M. K. Mittal, J.

This appeal has been preferred by Chandan against the judgement and order dated 17.7.2006 passed by Addl. Sessions Judge, Court No. 8, Mathura in S. T. No. 57 of 2004 whereby the appellant has been found guilty and convicted under Section 304(1)  IPC and sentenced to under go rigorous imprisonment for 10 years and fine has also been imposed on him.

Heard Pt. D. N. Wali, learned counsel for the appellant and learned A.G.A.


Contention of the learned counsel for the appellant is that appellant has been convicted under Section 304(1) IPC without there being any legal evidence against him. He has also contended that incident is alleged to have taken place on 19.11.1999 and the injured was discharged from the hospital on 3.12.1999. However, he died on 3.7.2000 as a result of septicaemia, which developed in his bedsores.

Learned counsel for the appellant has also contended that the statement of the deceased has been treated as dying declaration which couldnot be used as such. He has also contended that the appellant was falsely implicated on account of enmity.

In the facts and circumstances of the case, appellant be released on bail during pendency of this appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. He shall also deposit half of the amount of fine as imposed on him and the balance amount shall remain stayed during pendency of this appeal. He shall also give an undertaking that he will not indulge in any criminal activity and if any report is found against him it shall be open for the Court below to report to this court so that his bail may be cancelled.




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