- (1.) HEARD learned Counsel for the applicants -Appellants and the learned Additional Government Advocate on this application moved under Section 389 Code of Criminal Procedure for bail in pending appeal.
(2.) THIS criminal appeal has been preferred by Appellants Sumer Kumar Singh and Gulhur Singh alias Shiv Kumar Singh against judgment and order dated 08.12.2010 passed by the learned Special Judge, S.C./S.T. Act, Gonda in Sessions Trial No. 44 of 1998 whereby they have been convicted under Sections 302/34 Indian Penal Code read with Section 3(2)(v) S.C./S.T. Act and sentenced for maximum term of life imprisonment with fine stipulation. We have gone through the judgment of the court below as well as lower court record.
(3.) IT comes out that the incident had taken place on 24.10.1997 at about 8.00 p.m. wherein accused persons, namely, Sumer Kumar Singh, Gulhur Singh alias Shiv Kumar Singh alongwith one Manoj Kumar Singh (now dead) fired upon Prithvi Pal from their respective country made pistols and on hue and cry of PW -1 & PW -2, who happen to be father and brother of the deceased respectively, they fled away from the spot.;