Court No. - 5
Case :- CRIMINAL APPEAL No. - 2723 of 2018 Appellant :- Asif And Another Respondent :- State Of U.P.
Counsel for Appellant :- S.M.Faraz I. Kazmi,Sunil Kumar Dwivedi Counsel for Respondent :- G.A.,Anjali,Pramod Kumar Singh,Ramanand Gupta
Hon'ble Vikram Nath,J. Hon'ble Dr. Y.K. Srivastava,J.
In this case names of Sri Ramanand Gupta, Sri Pramod Kumar Singh and Mrs. Anjali are printed from the side of the complainant but they are not present. Learned counsel for the appellants had given written notice to the learned counsel, Sri Pramod Kumar Singh and Mrs. Anjali Singh but they refused to accept the notice. The said notice and the endorsement made thereunder, is taken on record.
Heard learned counsel for the appellants, Sri Arunendra Kumar Singh, learned A.G.A. for the State and perused the material placed before us.
Additional Sessions Judge, Khurja, Bulandshahar vide judgment and order dated 28.04.2018 passed in Session Trial Nos.466 of 2015 and 467 of 2015 (State Vs. Asif and another) and (State Vs. Haroon), arising out of Case Crime No.48 of 2015, under Section 302/34 I.P.C., P.S.- Khurja Dehat, District- Bulandshahar and Case Crime No.50 of 2015, under Section 25/27 Arms Act, P.S.- Khurja Dehat, District- Bulandshahar has convicted both the appellants, under Section 302/34 IPC and appellant no.2 Haroon, under Section 25/27 Arms Act and sentenced them to undergo life imprisonment alongwith fine of Rs.20,000/- each, under Sections 302/34 I.P.C. and appellant no.2, Haroon to undergo three years imprisonment alongwith fine of Rs.10,000/- alongwith default clause.
Learned counsel for the appellants submitted that it was a case of accidental death. Appellants alongwith the deceased and three other friends, namely, Wahid, Shamim and Furkan had gone for hunting in woods, where accidentally the fire arm hit the deceased, Nazim, which proved fatal. It is further submitted that immediately the family members of the deceased Nazim were informed. Father of Nazim came to the spot, carried the dead body and buried the same. No complaint was made by the father or the wife of the deceased Nazim. It was only after six days that the father-in-law of the deceased, Salim has lodged a written complaint that his son-in-law had been murdered by the appellant no.2. Prosecution story has further stated that the shot fired from the weapon of Asif did not hit Nazim but it was due to shot fired from the weapon of Haroon, which hit Nazim and caused his death. Learned counsel for the appellant also referred to the suggestion given by defence counsel to the witness PW-3 that Furkan had written a letter to the SHO on behalf of father of the deceased and the wife of the deceased stating that Nazim had died of heart attack. It was also submitted that neither the father nor the wife or Furkan were examined by the prosecution, which goes to support the defence story that it was an accidental death.
On the other hand the learned A.G.A. has submitted that the prosecution had led evidence both oral and documentary and had fully established the charges beyond reasonable doubts. The trial court had rightly recorded the conviction and sentence and no case for grant of bail is made out. It is, however, not disputed by the learned A.G.A. that there are no criminal antecedents. Prima facie case for bail is made out.
Let the applicant-appellants, Asif and Haroon convicted and sentenced vide judgement and order dated 28.04.2018 passed by Additional Sessions Judge, Khurja, Bulandshahar in Session Trial No.466 of 2015 (State Vs. Asif and another), arising out of Case Crime No.48 of 2015, under Sections 302/34 I.P.C., P.S.- Khurja Dehat, District- Bulandshahar and Session Trial No.467 of 2015 (State Vs. Haroon), arising out of Case Crime No.50 of 2015, under Sections 25/27 Arms Act, P.S. Khurja Dehat, District- Bulandshahar be enlarged on bail subject to their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
On the acceptance of bail bonds the Lower Court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Order Date :- 18.12.2018 Radhika (Dr. Y.K. Srivastava,J.) (Vikram Nath,J.)