Sitara Devi and Another vs State of U.P.

Heard Shri Anil K. Tripathi learned Counsel for the appellants as well as learned Additional Government Advocate for the State.

This appeal has been preferred against Judgment and order dated 08.03.2010 passed by Additional Sessions Judge, Court No. 1, district Unnao in Sessions Trial No. 687 of 2008 (arising out of Case Crime No. 580 of 2008, u/s 304 IPC, police station Maurawan, district Unnao) whereby the appellants, namely, Sitara Devi and Ram Lal have been convicted under Sections 304 IPC and sentenced for maximum term of life imprisonment with fine stipulation.

We have gone through the judgment of court below as well as lower court record.

It comes out that the deceased was found to be in objectionable position with one Ram Devi upon which after being detected, he was attacked by Ram Lal with an axe due to which he died. The FIR of the said incident was lodged by Putan Singh (PW-3).

We while going through the FIR, statement of witnesses and post mortem report of the deceased Nanhakau Singh find that the deceased had received nine injuries on his body, out of which seven are incised wounds and two are lacerated wounds.

Argument advanced by learned Counsel for the appellants is that number of injuries indicates that the case of prosecution is false and has not been committed as indicated in the FIR since the deceased had received nine injuries. Apart from it, in the chemical analysis the axe and the sickle, which were recovered form the place of incident, were found to be stained with human blood. Thus argument advanced by learned Counsel for the appellants is that nowhere it is case that the deceased was inflicted sickle blows.

In any case, since the role assigned to appellant No. 2 (Ram Lal) is of inflicting axe blows on the deceased, we do not find his case to be fit for bail as on today.

Accordingly, prayer for bail of appellant No. 2 (Ram Lal) is rejected at this stage.

So far as prayer for bail of appellant No. 1 (Sitara Devi) is concerned, since no role has been assigned to her we find her case to be fit for bail.

Let appellant No. 1 (Sitara Devi), convict of aforesaid Sessions Trial, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Unnao.

Realisation of half of the fine is stayed and remaining half of the fine shall be deposited by the appellant within one month from the date of her release on bail.

The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by appellant to be preserved in the record maintained here.