Decided on August 01,2005

Puran Yadav Appellant
State Of C G Respondents


- (1.) HEARD . The appeal is admitted for hearing. Also heard on M.(Cri.) P. No. 1449/2005. Shri Verma, learned counsel for the appellants wants to withdraw this application [M.(Crif.)P.N. 1449/2005] with liberty to file afresh after some time. / This prayer is also not opposed by the other side. Accordingly, this application [M.(Cri.) P.N. 1449/2005] is disposed of as withdrawn with the aforesaid liberty. Shri Y.C. Sharma, Advocate may also appear in Criminal Appeal No. 521/2005 with Shri J.R. Verma, Advocate and he may raise the grounds. Criminal Appeal No. 458 of 2005 : Application for urgent hearing is allowed. Heard. The appeal is admitted for hearing. Also heard on M. (Cri.) P.No. 1261/2005. This is an application for suspension of sentences awarded to appellant Puran Yadav and for releasing him on bail. Appellant Puran Yadav has been convicted under Section 302/34 of IPC and sentenced to imprisonment for life and fine of Rs. 500/-, in default of payment of fine to further undergo R,I. for one year, under Section 452/34 of IPC and sentenced to R.I. for one year and fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for three months and under Section 325 of IPC and sentenced to R.I. one year and fine of Rs. 100/-, in default of payment of fine to further undergo R.I.' for three months. Appellant Puran Yadav is alleged to have committed the murder of Shivbagas and caused grievous hurt to Savitri after committing house trespass after preparation for causing hurt and wrongful restraint in the house of Shivdayal, in furtherance of the common intention with co-accused Nathuram and Tuko @ Durga. Shri Verma, learned counsel for the appellant has mainly contended that eye witness Visambar P.W. 1 who is alleged to have lodged F.I.R. (Ex.P/1) on 7-3-2004 did not name the present, appellant Puran Yadav as one of the assailants. Even the presence of Puran Yadav at the scene of occurrence was not mentioned in the F.I.R. He further contended that although as per the prosecution story as many as 16 accused persons had assaulted Shivbagas and others with lathi, tangia and danda, yet the deceased Shivbagas had sustained only one lacerated wound on the head alongwith lacerated wound in the right foot and one abrasion on the fingers of the left leg. Thus the medical evidence of Dr. R.S. Tiwari clearly negatives the ocular evidence of witnesses. Our attention is also drawn towards the various discrepancies occurring in the evidence, especially to para 11 of P.W. 1 Visambar, who has admitted that he was not present when the fight with Shivbagas took place and had not seen as to who assaulted Shivbagas,
(2.) ON the other hand, Shri Bajpai, learned Addl. Public Prosecutor, opposed the bail application. We have heard the rival submissions made by learned counsel for the parties and have also gone through the evidence led by the prosecution. Considering the fact that the name of present appellant Puran Yadav is not mentioned in the F.I.R. lodged by Visambar P.W.I, the fact that Gopal and Lakhan whose names were mentioned in the F.I.R. have been acquitted by learned trial Court and the various discrepancies in the evidence especially the testimony of main eye witness Visambar P.W. 1 in para 11, we are inclined to grant bail to the appellant. Accordingly, the application is allowed and it is directed that the execution of substantive sentences of imprisonment awarded to appellant Puran Yadav shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court concerned for his appearance before the Registry of this Court on 16-11-2005 and on such other dates as are directed. The bond shall contain photographs, crime number and the details of the movable and immovable properties of the appellant. Before accepting the bond copy of the same shall be handed over to the prosecution. Accordingly, M (Cri) P.No. 1261/2005 stands disposed of Copy of this order be placed in all the Criminal Appeals i.e. Cr. A. Nos. 457/2005, 521/2005 & 458/2005. Application Allowed.;

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