Sri Ram Respondent vs State Of U.P.

Heard learned counsel for the appellants and learned Additional Government Advocate.

Both the appeals filed by the appellants arise out of one and the same judgment, as such, they are being taken up together for the purpose of consideration of bail.

These appeals have been preferred by appellants, namely, Sri Ram and Ram Babu against judgement and order dated 31.08.2010 passed by Additional Sessions Judge, Court No. 5, Sitapur in Session Trial Nos. 222 of 2006 whereby they have been convicted u/s 302/34 IPC and sentenced for a maximum term of life imprisonment with fine stipulation.

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

The incident is said to have taken place on 23.09.2005 in between 06.00 to 6.30 pm wherein on certain altercation father of the complainant, namely, Munna was caught hold by Shiv Kumar and one Vipin had given hockey blow on his head due to which he fell down on the spot and upon hue and cry made by the persons present on the spot accused persons went away from the spot. It has been specifically indicated in the FIR that deceased Munna was caught hold by Shiv Kumar and one Vipin had given lathi blow upon his head. It has also been indicated in the FIR that present two appellants, namely, Shri Ram and Babu Ram were standing on the spot with lathi but no role has been attributed to them. Post mortem report reveals that deceased Munna had received two injuries; one lacerated wound on the top of the skull, and one lacerated wound on the right side of the scrotum and as per opinion of the Doctor the deceased died due to comma caused as a result of ante mortem injuries.

Argument advanced by learned counsel for the appellants is that as per prosecution story, the case will utmost fall within the parameters of Section 304 IPC since the incident had taken place in spur of moment and no such lethal weapon was used except Hockey and that too by one Vipin whose case is not before this Court. It has further been submitted that the appellants have been roped in for the reason that in the statement of PW-2 it comes out that present appellants had given lathi blows on the scrotum of the deceased.

It has further been submitted that the appellants were on bail during the course of trial and they did not misuse liberty of bail granted to them and the appeal will take considerable long time for reaching to its logical conclusion.

Taking into consideration the overall aspects of the matter and without commenting any further on merits of the case, we find it a fit case for bail.

Let appellants Sri Ram and Babu Ram, convicts of aforesaid Sessions Trial, be released on bail on each of them furnishing personal bonds and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Sitapur.

Realizationof half of the fine is stayed and remaining half of the fine shall be deposited by the appellants within one month from the date of their release on bail.

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