Gulam Mohammad and Another vs State of U.P.

Heard Learned Counsel for parties and perused the record.

Learned Counsel for appellant Gulam Mohammad submitted that the name of accused appellant Gulam Mohammad came in picture only pursuant to the Dying Declaration given by deceased after one day in hospital. However, the role attributed in the Dying Declaration to accused Gulam Mohammad is that he had come to the spot during the occurrence. Accused Gulam Mohammad is related to deceased as the elder brother of her father-in-law. But he lives separately 15 houses away from the scene of occurrence. This is also a submission of Learned Counsel that even the parental house of deceased would be closer in distance to the scene of occurrence than the house of accused Gulam Mohammad. Besides, it has also come in evidence of complainant Ejaz Ahmad (P.W.1), father of the deceased, that the complaint which he had submitted for registration of F.I.R., was not used by the police Sub Inspector who gave a different dictation and that dictation formed the basis for registration of F.I.R. Accused-appellant is said to have remained in jail since 2006 on the basis of a weak type of evidence relied upon by the trial court. Ejaz Ahmad (P.W.1) has also admitted that the accused-appellant is staying separately from the matrimonial house of deceased.

As submissions of Learned Counsel are based on established facts emerging from records of trial court, learned State Counsel does not have any ground to refute the same.

In view of all the aforesaid, we accept the prayer for grant of suspension of jail sentence as well as stay of recovery of fine qua appellant Gulam Mohammad, son of Zameel, resident of village Aruaavana, District Faizabad. It is thus directed that the jail sentence as well as recovery of fine qua appellant Gulam Mohammad shall remain suspended during the pendency of appeal and he shall be released on bail subject to the satisfaction of learned Sessions Judge, Faizabad.