Lakshman vs State of U.P.

Vinod Prasad, J.—Heard Sri Radhey Shyam Shukla, learned Counsel for the Appellant and the learned A.G.A.

Admit.

Summon the trial court record.

The Appellant has been convicted in S.T. No. 67 of 2009, State v. Lakshman and others, Crime No. 379 of 2008, u/s 306, 498-A IPC, P.S. Madnapur, District Shahjahanpur and the maximum sentence awarded to him is seven years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.

It is contended by learned Counsel for the Appellant that on the strength of internal page 6, 7 and 8 of the impugned judgment parents of the deceased categorically stated before the court that there was no demand of dowry nor the deceased lodged any complaint regarding that, and she was suffering from tuberculosis and was even got medically treated by the husband and in-laws and therefore recorded conviction u/s 306 IPC is not sustainable. He further submitted that once the trial Judge acquitted co-accused persons with identical allegations for the offence u/s 498A, 304B I.P.C. and 3/4 D.P. Act, there was no occasion for it to convict the Appellant only for the charge u/s 306 and 498A IPC. He further submitted that Appellant was on bail during the trial, which liberty he has not misused. He further contended that appeal is not likely to be heard in near future. He further contended that as on date he has already undergone near about three years of imprisonment and maximum sentence is seven years.

Learned AGA however endeavoured to support the judgment and refuted the arguments.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the Appellant on bail.

Let the Appellant Lakshman be enlarged on bail on his furnishing a personal bond of Rs. one lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions trial for above offence. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

The Appellant is allowed one month time to deposit entire amount of fine awarded to him.