Sarpanch vs State of U.P.

These two appeals have been preferred by convicts Appellants namely Sarpanch and Bablu after having been convicted in Sessions Trial No. 791 of 2009 u/s 302/34 I.P.C. and sentenced for the maximum term of life imprisonment with fine stipulation vide judgment and order dated 22.12.2010 passed by learned Additional Sessions Judge Court No. 4, Hardoi.

We have gone through the judgment of the court below, lower court record, statement of witnesses as well as post-mortem report of deceased Ram Pal.

Post mortem report of deceased-Ram Pal indicates that he received four incised bone deep wounds on various parts of his body.

We have also gone through the FIR which was lodged at the very first instance by the complainant whereby indicating that Sarpanch was having Banka and Bablu was having Lathi and they had inflicted injury upon the body of deceased from their respective weapons.

Argument advanced by learned Counsel for the Appellants is that there is no lathi injury on the body of deceased, which shows non-complicity of Appellant Bablu in Criminal Appeal No. 5 of 2011 in the commission of crime.

Learned Counsel for the complainant Sri Aniruddh Singh stated that the statement of P.W. 1 indicates that the deceased was pressed by lathi on a cot by Appellant Bablu and thereafter Banka blows were given by Appellant Sarpanch on the body on the deceased.

Prima facie, if this argument of the learned Counsel for the Appellants is accepted then the Banka injuries would have been caused on various parts of the body of the deceased.

It is further submitted that Appellant Bablu was on bail during the course of trial and he did not misuse the liberty of bail granted to him.

Accordingly, we direct that Appellant Bablu, convict of aforesaid Sessions Trial, be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate Hardoi.

Realization of half of the fine from Appellant Bablu is stayed and remaining half of the fine shall be deposited by him within one month from the date of his release on bail.

So far as the prayer for bail with respect to Appellant Sarpanch is concerned, the same is hereby rejected.

Court below is directed to transmit to this Court photocopies of bond and sureties filed by Appellant Bablu to be preserved on the record maintained in this Court.