- (1.)Leave granted.
(2.)These appeals are directed against the judgment and order dated 07/08/2012 passed by the Allahabad High Court in Criminal Appeal Nos. 4548/2010, 4917/2010 and 4501/2010. The appeals are filed by the original complainant Seema Awasthi (PW 1). By the impugned order the Allahabad High Court has released all the accused who were convicted for offence punishable Under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life on bail on furnishing a bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, during the pendency of the appeals.
(3.)The prosecution case appears to be that A1-Jai Singh, A2- Rajnesh Singh, A3-Pankaj Awasthi and A4-Ashok Awasthi were on inimical terms with deceased-Vijay Awasthi. Vijay Awasthi was the husband of PW 1-Seema Awasthi. The reason for animosity was that on the basis of the complaint made by the deceased-Vijay Awasthi the fair price shop license of A1-Jai Singh was cancelled. PW 1-Seema Awasthi was the village Pradhan of the Gram Panchayat Gusrapur. According to the prosecution, on 03/01/2009 the deceased-Vijay Awasthi along with PW 1-Seema Awasthi was going to inspect the construction work of the school situated across the railway line. When they reached near railway track at about 11.30 a.m. all the four accused came there. They assaulted the deceased-Vijay Awasthi with weapons like Takora, Iron rod, and Bamboo sticks indiscriminately. The deceased succumbed to the injuries. The accused ran away from the spot. PW 1-Seema Awasthi lodged F.I.R. On the basis of the F.I.R. investigation was set in motion. After completion of the investigation the accused came to be tried for offence punishable Under Section 302 read with Section 34 of the Indian Penal Code and were convicted and sentenced as aforesaid.