Yogesh & Others vs State Of U.P.
2011 Latest Caselaw 5037 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1793 of 2010
 

 
Petitioner :- Yogesh & Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Chandra Shekhar Kushwaha,Amit Daga,Chandra Shekhar Misra,S.C. Kushwaha
 
Respondent Counsel :- Govt. Advocate,Anurag Pathak,Chandra Bhushan Tiwari
 

 
Hon'ble Amar Saran,J.

Hon'ble Kalimullah Khan,J.

Heard learned counsel for the appellants, Sri Chandra Bhushan Tiwari, learned counsel for the complainant and the learned A.G.A. for the State on the prayer for bail.

It is submitted by the learned counsel for the appellants that prosecution case was that when the appellants were passing on the way, the injured Sunil, P.W. 2, who was on the roof, is said to have spat gutaka, which landed on the appellant Yogesh. This resulted in a quarrel between the injured Sunil and the appellants. Amongst the appellants, Yogesh is said to have caused injury with knife, Anil and Sanni are said to have given kicks and fists blow to the injured. The conviction for injuring the injured was only under section 324 IPC.

It was submitted that at that time, the deceased Sukhpal, father of the injured intervened and he received a lathi blow on his head, which unfortunately proved fatal. The submission was that section 34 IPC would not apply to the blow given to the deceased, as he was an intervenor and the author of the said blow has not been identified. The appellants have been jail for about 1 year six months and they may have been in jail for some period during trial. The appellants were on bail during trial.

Learned counsel for the complainant contended that the appellants have a criminal history and for a very minor issue, they have injured one person and caused the death of one person.

Having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, let the appellants Yogesh, Anil and Sanni convicted and sentenced by the the Additional Sessions Judge Court No. 7, Muzaffar Nagar, in S.T. No. 1624 of 2007, arising out of Case Crime No. 345/07, under sections 324/34, 304/34 IPC, P.S. Samali, district Muzaffar Nagar, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.

Order Date :- 11.10.2011

HSM