- (1.) HEARD Shri Hemendra Pratap Singh and Shri Janardan Prasad Tripathi, the learned Counsel for the Appellants and the learned AGA for the State. A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 30.5.2008, passed by the Additional District & Sessions Judge/Special Judge(S.C./S.T. Act), F.T.C. Court No. 4, District Aligarh, in Session Trial No. 92 of 2003(State of U.P. v. Son Pal and Ors.), arising out of case crime No. 179 of 2000, under Sections 302/34, 201 IPC read with Section 3(2)(v) S.C./S.T. Act, P.S. Akrabad, District Aligarh, convicting and sentencing the Appellants to undergo for life imprisonment with default stipulation.
(2.) IT is submitted by the learned Counsel for the Appellants that the informant and other witnesses, who are the brothers of the deceased have turned hostile in the cross examination, but only one witness P.W.9, Vijay Pal has supported the prosecution case in his examination in chief but he has also turned hostile in the cross examination. This witness was also not named in the FIR, furthermore he has got married with the wife of the deceased. It is also submitted that motive for cutting the neck of the deceased according to the prosecution is that there was some dispute for cutting of crops, which appears no reason for the Appellants for committing such a grave crime. The Appellants were on bail during trial.
(3.) PER contra the learned A.G.A. has argued that the statement of P.W.9, Vijay Pal should be believed and submitted that looking to the seriousness of the offence the Appellants do not deserve to be enlarged on bail.;