Naheed Ara Moonis, J. - (1.) HEARD learned Counsel for the Appellant, Nankau and the learned AGA.
(2.) IT is submitted by the learned Counsel for the Appellant that at the time of admission of this appeal, the co -Appellants, Ashok Kumar, Ashok and Ram Lakhan have been granted bail by the another bench of this Court vide order dated 25.9.2008 and prayer for bail of the Appellant was not considered at that time. A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 8.9.2008, passed by Additional Sessions Judge, Court No. 6, Allahabad, in Session Trial No. 95 of 2008, State of U.P. v. Ashok Kumar & three others, arising out of case crime No. 110 of 2007, under Sections 304(ii) read with Section 34, 323 read with Section 34 IPC, P.S. Mauaima, District Allahabad, convicting and sentencing the Appellant to undergo for seven years imprisonment under Section 304(ii) read with Section 34 IPC with a fine of Rs. 5,000/ -, two years imprisonment under Section 324/34 IPC with a fine of Rs. 2,000/ -, with default stipulation.
(3.) ACCORDING to the prosecution case, the co -accused Ashok Kumar is said to have teased the complainant's niece and when the complainant's brother refrained him from doing so the co -accused Ashok Kumar, Ashok and Ram Lakhan along with the Appellant started assaulting to complainant's brother with kicks -fists and lathi danda, resulting injuries to the complainant, his brother Sugreev and Bundal, father of the complainant. The complainant's father is said to have died on account of some internal injuries, thereafter all of them ran away from the spot, threatening them of dire consequences. Initially the case was registered under Sections 304, 294, 323, 504, 506 IPC.;