Allahabad High Court
Raj Kumar & Ors. vs State Of U.P. on 24 September, 2014
Bench: Ravindra Singh, Vishnu Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Reserved
Criminal Appeal No. 2642 of 2010
Raj Kumar and others Vs. State of U.P.
Connected with
Criminal Appeal No. 2827 of 2010
Ram Kumar and another Vs. State of U.P.
Hon. Ravindra Singh, J.
Hon. Vishnu Chandra Gupta, J.
Heard learned counsel for the appellants and learned A.G.A. for the State of U.P.
The appellants Raj Kumar, Ram Lochan, Vijay Kumar have preferred the Criminal Appeal No. 2642 of 2010 and the appellants Ram Kumar and Shyam Dhar have preferred the Criminal Appeal No. 2827 of 2010 against the judgemnt and order dated 28.8.2010 passed by learned Addl. Sessions Judge, Court No. 2, Sultanpur in S.T. No. 198 of 2001 whereby the appellants have been convicted for the offence punishable under sections 147, 148, 308/149, 302/149 IPC, they have been moved their second bail application in their respective criminal appeal. Therefore, both the bail applications are being disposed of by a common order.
Their first bail applications have been rejected by the another bench of this court on 26.09.203.
The cross FIR was also registered in which the accused persons have been convicted on 28.8.2010 by learned Addl. Sessions Judge, Court No. 2, Sultanpur. In cross case one Ashok Kumar had lost his life and two persons namely Raj Kumar and Ram Kumar had sustained injury. In the present case one Bharat Ram had lost his life and Rajendra Prasad, Smt. Murti Devi, Rakesh Kumar, Bal Kishan, Ramakant, Bhimba Ram Upadhyay had sustained injuries. The occurrence of the present case allegedly had taken place on 14.1.2000 at about 9.00 A.M.
According to the prosecution story of the present case, the FIR has been lodged by Bal Kishan Upadhyay on 14.1.2000 at 10.25 A.M. alleging therein that on 14.1.2000 at about 10.00 A.M. The appellants started manufacturing of iron rods on the lane of first informant. It was protested by the first informant, all of sudden, the appellant hurled the abuses in respect of mother and sister of the first informant. The appellant Raj Kumar was armed with pistol (Addhi), the appellant Ram Kumar was armed with ballam, the appellant Ram lochan and Vijay Kumar were armed with lathi and the appellant Shyam Dhar was armed with Ballam. The accused Ashok Kumar (deceased of the cross case) was armed with bomb. The appellant beaten the first informant, on hue and cry his family members Ramakant, Rakesh Kumar, his mother Smt. Murti Devi, grant father Bharat Ram and Bhimba Ram ran to rescue the first informant. The appellants caused injuries on the family members of the first informant by using the Ballam/ lathi blows and discharging the shots. After sustaining the injury the deceased Bharat Ram died on the spot. According to the post mortem examination report the deceased Bharat Ram had sustained two incised wounds on the left side of the chest. The injured Rajendra Prasad had sustained seven injuries in which injury No. 4,5 and 6 were incised wound, the remaining injuries were caused by hard and blunt object. The injury No. 5 and 6 were kept under observation and advised for x-ray, the remaining injuries were simple in nature. The injured Smt. Murti Devi had sustained three injuries in which injury No. 1 and 2 were lacerated wounds, injury No.3 was exit wound, all injuries were simple in nature. The injured Rakesh Kumar had sustained four injuries in which injury No. 1 and 2 were stab wounds, injury No. 3 was incised wound, injury No. 4 was abrasion. The injury No. 1 and 2 were kept under observation and advised for x-ray, the remaining injuries were simple in nature. The injured Bal Kishan had sustained six injuries in which injury No. 1 was incised wound, remaining injuries were caused by hard and blunt object. All the injuries were simple in nature. The injured Ramakant had sustained two injuries in which injury No. 1 was stab wound and injury No. 2 was abrasion, both injuries were simple in nature. In support of the prosecution version eleven witnesses have been examined in which P.W.1 Rajendra Prasad, P.W. 2 Rakesh Kumar and P.W. 4 Bal Kishan have been examined as eye witnesses, the remaining witnesses are formal in nature. According to the prosecution version co-accused also participated in the commission of the alleged offence which occurred on 14.1.2000 at about 10.00 A.M. Whereas according to the cross case Ashok Kumar was murdered on 14.1.2000 at a bout 9.00 A.M. Relying upon the prosecution story the trial court has convicted the accused persons of the cross case. In the present case the participation of the appellants Raj Kumar, Ram Kumar have also been shown whereas they had also sustained injury in cross case occurred at about 9.00 A.M. in which appellant Raj Kumar had sustained seven injuries and the appellant Ram Kumar had sustained six injuries. In the present case no specific role has been assigned causing the injuries to the deceased and injured persons. There is general role attributed to the accused persons. According to the deposition the appellant Raj Kumar, Ram Kumar and Shyam Dhar were armed with Ballam, there is no injury to show that any of the injury sustained by injured person was grievous or dangerous to life. But according to the post mortem examination report the deceased has sustained two incised wounds having the same dimension, each of 1 x 1/2 x chest cavity deep and both the injuries were on the left side of the chest. It has not been specified that who caused the above mentioned injuries. In such circumstances, all the appellants are entitled for bail.
Let the appellants Raj Kumar, Ram Kumar, Ram Lochan, Vijay Kumar and Shyam Dhar convicted in S.T. No. 198 of 2001, under Sections 147, 148, 308/149, 302/149 IPC., P.S. Baldi Rai, District Sultanpur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during the pendency of the appeal.
Dt: 24.09.2014/RPD/2642/10
