Court No. - 71
Case :- CRIMINAL APPEAL No. - 4754 of 2019 Appellant :- Karu @ Vishun Dayal Respondent :- State Of U.P. And Another Counsel for Appellant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State, which is taken on record.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
The present criminal appeal has been filed against the order dated 28.5.2019 passed by Special Judge (SC/ST Act), Etah in Case Crime No. 106 of 2018 (State Vs. Karu @ Vishun Dayal), under Sections 302 IPC and 3(2) V of SC/ST Act, P.S. Jasrathpur, District- Etah.
Learned counsel for the appellant has submitted that appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the appellant has next submitted that applicant is not named in the first information report and the name of the applicant has surfaced for the first time on the basis of statement of statement of co-accused Om Prakash @ Nabbu and no recovery whatsoever has been made either from his possession or at his pointing out.
Learned AGA has submitted that from the careful perusal of the statement of co- accused Om Prakash @ Nabbu, it is evident that it was the appellant, who had assaulted the victim on her head and thereafter strangulated her by her dhoti. On account of assault made by the appellant, the victim died. Learned AGA has next drawn the attention of the Court towards the post mortem report and the datas mentioned therein completely corroborates the prosecution story.
Keeping in view the gravity of the offence, severity of punishment and complicity of the appellant, I do not find it to be a fit case for bail. The bail application is, accordingly, rejected.
The appeal is accordingly dismissed.
Order Date :- 26.9.2019 KU