- (1.) This application under Sec. Code of Criminal Procedure with the prayer for bail has been moved by Appellants Vijay Shankar and Ghanshyam. The Appellants have been convicted in Sessions Trial No. 579 of 1998 relating to crime No. 161 of 1997 under Ss. , , , /, . & IPC by the Additional Sessions Judge (Court No. 10) Barabanki and have been sentenced to the maximum term of life imprisonment with fine.
(2.) We have heard learned Counsel for the Appellants and learned Additional Government Advocate on the prayer for bail and have gone through the judgment of the court below, the First Information Report, post mortem report of deceased Ram Prasad Dubey, and injury report of Smt. Chandrawati Exhibit -Ka. We have also gone through the statement of the prosecution witnesses.
(3.) As it comes out that the Appellants Vijay Shankar and Ghanshyam have been assigned the role of standing on the spot armed with lathi and Bhala along with the other accused persons who were armed with Pharsa, Banka and gun. The prosecution case is that the accused persons had attacked deceased Ram Prasad Dubey inflicting upon him eight incised wounds. Smt. Chandrawati, the wife of the deceased, who was sitting by the side of her husband, was also dealt with and she also received two incised wounds and one abrasion in the incident. Smt. Chandrawati was not examined in the trial. The incident has taken place at 10 am. The doctor conducting the post mortem of the deceased deposed that the injuries suffered by the deceased were caused by sharp cutting weapon, i.e. weapon like Banka, which is said to have been used by co -accused.;