- (1.) APPELLANT Sudama, convicted and sentenced for the offence punishable under Section 302 IPC vide judgment and order dated 5.11.2004 passed by Additional Sessions Judge / Fast Track Court No. 2, Jhansi in Sessions Trial No. 1 of 2004, seeks his release on bail.
(2.) HEARD learned Counsel for the Appellant, learned A.G.A. for the State and perused the impugned judgment and trial court's record. Learned Counsel for the Appellant submitted that prosecution evidence is totally unbelievable and the statements of eyewitnesses P.W. 1 Kali Charan and P.W.5. Shanker are contradictory. Reliance has been placed on the statement of P.W.5 Shanker wherein he stated in his examination -in -chief itself that he did not witness the incident and he reached home after receiving the information regarding death of his mother by telephone. He further stated that he and his brother Kali Charan had started from their house at about 11 - 12 A.M. for labour, whereas P.W.1 Kali Charan stated that incident took place in his presence and P.W. 5 Shanker was also present at that time. It was further submitted that there was enmity between the Appellant and the witnesses and on account of enmity, he was falsely implicated in the case and some unknown persons or dacoits had killed Durga Bai and Jasoda Bai. It was further submitted that P.W.1 has not disclosed in his deposition or in the F.I.R. as to how many blows were given by the Appellant. Lastly, it was submitted that the Appellant is in jail for the last 71/2 years. Per contra, learned A.G.A. opposed the prayer for bail and submitted that Appellant is the sole accused in this case. One day earlier to the date of incident, Hira Lal, brother of the Appellant, died, but the Appellant was annoyed, as food was being cooked at the house of the complainant. On 26.9.2003 at about 5 - 6 P.M., the Appellant came to the house of complainant and assaulted Smt. Durga Bai with an Axe and ran away. When the witnesses chased him, on the way Smt. Jasoda Bai, aunt of the complainant was coming. Appellant gave kulhari blows to Smt. Jasoda Bai also. Both the ladies, assaulted by the Appellant, died. The F.I.R. was lodged by P.W.1 on the same day at 7:30 P.M., which is prompt. It was further submitted that the Appellant was arrested on 2.10.2003 and at his instance, blood -stained Axe was recovered. Human blood was found on the Axe.
(3.) THE Appellant is named in the F.I.R. Postmortem reports corroborate the prosecution case. Though P.W.5 turned hostile, but another eyewitness P.W.1 Kali Charan has deposed against the Appellant. It is a case of double murder, which took place at about 5 - 6 P.M. in the evening. Human blood was found on the Axe recovered at the instance of Appellant. The Appellant was not on bail during trial. Considering all the facts and circumstances of the case, we are not inclined to release the Appellant on bail.;