Sumer Kumar Singh and Another vs State of U.P.

Heard learned Counsel for the applicants-Appellants and the learned Additional Government Advocate on this application moved u/s 389 Code of Criminal Procedure for bail in pending appeal.

This criminal appeal has been preferred by Appellants Sumer Kumar Singh and Gulhur Singh alias Shiv Kumar Singh against judgment and order dated 08.12.2010 passed by the learned Special Judge, S.C./S.T. Act, Gonda in Sessions Trial No. 44 of 1998 whereby they have been convicted under Sections 302/34 Indian Penal Code read with Section 3(2)(v) S.C./S.T. Act and sentenced for maximum term of life imprisonment with fine stipulation.

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

It comes out that the incident had taken place on 24.10.1997 at about 8.00 p.m. wherein accused persons, namely, Sumer Kumar Singh, Gulhur Singh alias Shiv Kumar Singh alongwith one Manoj Kumar Singh (now dead) fired upon Prithvi Pal from their respective country made pistols and on hue and cry of PW-1 & PW-2, who happen to be father and brother of the deceased respectively, they fled away from the spot.

We have gone through the F.I.R. from which it comes out that the witnesses reached the place of incident after hearing sound of the shot and saw that Manoj Kumar Singh, Sumer Kumar Singh and Gulhur Singh alias Shiv Kumar Singh were making fire upon Prithvi Pal. We have also perused post mortem report of the deceased which shows that Prithvi Pal has received only one fire arm injury on his stomach in an area of 7 cm. X 6 cm. with pillet injuries and having blackening and tattooing.

We have also gone through the inquest report and right from the beginning story of the prosecution is that Manoj Kumar Singh had fired upon Prithvi Pal due to which he received injuries and later on Sumer Kumar Singh also fired upon him. It is surprising that the deceased Prithvi Pal has received only one fire arm injury although right from the beginning the story of the prosecution is that two shots were fired by the accused persons upon the deceased. In any case the main role of firing, which hit the deceased, has been assigned to Manoj Kumar Singh.

As argued by the learned Counsel for the Appellants it also creates suspicion on prosecution story that as to how during night hours at about 8.00 p.m. when the lantern was burning it was seen by the witnesses that whose fire had hit the deceased Prithvi Pal.

We find some substance in the arguments of the learned Counsel for the Appellants.

It has also been stated that the Appellants were on bail during the course of trial and they did not misuse the liberty of bail granted to them. The appeal is of the year 2010 and there is No. likelihood of the same being heard and decided in near future.

In view of the above, we find it to be a fit case for granting bail.

Let Appellants Sumer Kumar Singh and Gulhur Singh alias Shiv Kumar Singh, convicts of aforesaid sessions trial, be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned.

Realization of 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.

Chief Judicial Magistrate concerned is directed to transmit to this Court photocopies of bonds and sureties filed by the Appellants to be preserved in the record maintained here.