- (1.) HEARD learned Counsel for the applicants -Appellants and the learned Additional Government Advocate on the applications for bail moved under Section 389 Code of Criminal Procedure along with instant appeals.
(2.) APPELLANTS -Mool Chandra Sharma, Amit Sharma and Chhote Lal Sharma have been convicted under Sections 302/34 Indian Penal Code and sentenced for maximum term of life imprisonment with fine stipulation vide judgment and order dated 15.10.2010 passed by the learned Additional Sessions Judge, Court No. 3, Unnao, in Sessions Trial No. 490 of 2006. We have carefully gone through the judgment and record of lower court, including FIR (Exhibit Ka -1), postmortem report and statement of witnesses, namely, Kumari Anuradha Sharma -complainant (PW -1) and Bechelal (PW -3), who is said to have accompanied the deceased. This case seems to be unique where FIR was lodged by the complainant on 27.04.2006 with respect to an incident dated 17.04.2006 in which her brother Jawaharlal Sharma is said to have died an unnatural death.
(3.) IN the FIR the complainant has stated that her brother -Jawaharlal Sharma (deceased) had gone from her house in some marriage party and later on his dead -body was recovered from which it comes out that he has died an unnatural death. Though the complainant had approached various police stations for lodging her FIR but the same was not registered and ultimately on the intervention of the Director General of Police the FIR was registered on 27.04.2006. In the FIR, in column of the accused, four persons have been named, but it is surprising that No. role has been assigned to them by the complainant and in the court the complainant has categorized role of the accused as she was told by Bechelal that the incident had taken place on 17.04.2006 wherein the accused persons had beaten the deceased by 2 ft Dandas.;