- (1.) HEARD Sri Nagendra Mohan, learned Counsel for Appellant, Sri I.B. Singh, learned Senior Advocate appearing for the complainant and learned Additional Government Advocate.
(2.) THE Appellant has been convicted by learned Additional Sessions Judge/Fast Track Court No. 4, Lakhimpur Kheri vide judgment and order dated 7.4.2010 passed in Sessions Trial No. 702 of 2008 convicting the Appellant under Section 302 IPC and sentencing him for the maximum term of life imprisonment with fine. It is admitted to the learned Counsel for the parties that the case rests on circumstantial evidence.
(3.) LEARNED Counsel for the Appellant has taken us through the prosecution evidence and has submitted that the motive suggested to the prosecution for the commission is very weak. He further stated that the chain of circumstances led by the prosecution is not complete and the evidence on record does not unerringly establish that the circumstances proved lead to one and the only conclusion towards the guilt of the accused. He, thus, argued that in the facts and circumstances of the case, the Appellant is entitled to be enlarged on bail during pendency of the appeal.;