Court No. - 53
Case :- CRIMINAL APPEAL No. - 5412 of 2018 Appellant :- Ram Sagar Respondent :- State Of U.P.
Counsel for Appellant :- Pramod Kumar Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellant, and learned A.G.A., for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 20.1.2017 passed by Additional Sessions Judge/Special Judge (S.C./S.T. Act), Gorakhpur in Bail Application No. 52 of 2017 (Ram Sagar Vs. State of U.P.) arising out of Case Crime No. 144 of 2014, under Sections 147, 148, 149, 302, 307, 323, 504, 294 of I.P.C., Section 7 Criminal Law Amendment Act and Section 3 (2) (5) of S.C./S.T. Act, Police Station-Belipur, District-Gorakhpur, seeking bail in the aforesaid Sections.
As per prosecution version, on 5.4.2014 at about 5:30 PM, ladies belonging to the family of informant were coming from the agricultural field. In the way, appellant and other co-accused assaulted them. Appellant and other co-accused had made fire indiscriminately, due to which, Sumer and Girjesh sustained injuries. Sumer died on the spot. Girjesh died in the hospital. Radhey Shyam also died after four months of the occurrence. Pushpa Devi, Laxmi Devi, Shobha, Kanti and Sunita have also sustained injuries by blunt object.
Learned counsel for the appellant contended that no specific role has been assigned to the appellant. General role has been assigned to the appellant. Deceased Sumer and Girjesh have sustained single fire-arm injury. Appellant is in jail since 10.4.2014 and he has no criminal antecedent. PW-1 Gulab Pasi and PW-2 Laxmina turned hostile and did not support the prosecution version.
Per contra, learned A.G.A., contended that there is no infirmity or illegality in the order passed by the learned trial court.
This is a case of day light murder, in which, three persons died. First information report has been lodged on the same day without any delay. Specific role of causing fire-arm injury is assigned to the appellant.
The order passed by the court below is based on substance and sound reasoning. Accordingly, I find no infirmity in the impugned order passed by the Trial Court.
In the result, this criminal appeal stands dismissed. Order Date :- 30.1.2019 Jaswant