- (1.) This appeal has come up before us for consideration of prayer for bail of the appellant who has been convicted by Addl. Sessions Judge Court No. 4 Moradabad i S.T. No. 593 of 2006 under sections 302/149, 307/149, 323/149, 147 and 148 I.P.C. and sentenced to life imprisonment and fine of Rs. 25,000/-, seven years imprisonment and fine of Rs. 7000/-, six months imprisonment and fine of Rs. 500/-, one years imprisonment and fine of Rs. 1000/- and two years imprisonment and fine of Rs. 2000/- respectively with default stipulation. Heard learned counsel for the appellant, learned A.G.A. for the State, Shri O.P. Mishra, learned counsel for the complainant and perused the lower court's record.
(2.) According to the prosecution case appellant Vijay was armed with fire arm, Atar Singh alias Bhoora, Raju alias Rajeev, Babloo, Omkar alias Dhautali, Jeevan, Mayaram, Vishesh alias Vijay Kumar, Vijay were armed with Lathi, Tabal and Kassi. Appellant Om Pal is alleged to be armed with knife. All the accused persons assaulted the deceased and injured with their respective weapons. It is submitted by learned counsel for the appellant that the Sessions Judge has wrongly convicted the appellant with the aid of section 149 I.P.C. All the injuries received by the injured are simple in nature and most of the injuries are on non vital part. So far as appellant Vijay is concerned he is said to have fired but no one has received any fire arm injury. So far as the role of assaulting the deceased Nanhey is concerned, the evidence shows that the appellant Vishesh alias Vijay Kumar, Om Pal and Omkar assaulted the deceased with Kassi, Knife and Tabal, respectively. The post mortem report shows that the deceased had sustained only simple injuries except one stabbed wound. It is further argued that the deceased did not sustain the injury caused by knife because the doctor had stated that this injury could be caused by a weapon which has a width of about 3 cm.
(3.) Per contra, learned A.G.A. opposing the prayer for bail of the appellant submitted that the occurrence took place in a broad day light and the appellant has caused the vital injury to the deceased and according to the opinion of the doctor this injury was sufficient in ordinary course of nature to cause death of the deceased. Considering the respective submissions of learned counsel for the parties, facts and circumstances of the case and the fact that the appellant has beenassigned the role of causing injury to the deceased by knife, we are not inclined to release the appellant on bail pending appeal. Accordingly prayer for bail made on behalf of the appellant is hereby rejected. However, office is directed to prepare he paper books and list this appeal for final hearing at an early date.;