RAHUL CHATURVEDI,J. - (1.) While going through the arguments of the learned counsel for the rival parties and scanning the entire material of the instant case, this Court felt that every dark and dreaded night has tryst to see a golden morning one day and present case is incandescenting this Court to that ultimate path.
(2.) Heard Sri N.I.Jafri, learned senior counsel assisted by Sri Naseer Ahmad, learned counsel for the appellants, Sri H.M.B.Sinha, learned AGA for the State and perused the available paper book on record of the appeal.
(3.) The instant appeal under Section 374(2) Cr.P.C. was preferred by three appellants, namely, appellant no.1 Ramjan Shah son of Ghasitay Shah, appellant no.2 Km. Shabbo, daughter of Ghasitay Shah and Mrs. Rashida Begam wife of Ahmad, daughter of Ghasitay Shah, who are facing incarceration, pursuant to the judgment and order of conviction dated 06.06.2013 by Ist-Additional Sessions Judge, Fatehpur while deciding the Sessions Trial No. 398 of 2009 in-re Ramjan Shah and others vs. State of U.P. Fact of the matter is that appellant no.1 Ramjan Shah (husband) is behind the bars, since very inception of the case i.e. 26.05.2009, whereas rest of the accused, namely, Km. Shabbo and Mrs. Rashida Begum were on bail during trial but are in jail from the date of judgment i.e. 06.06.2013.;