Arvind Kumar Tripathi, J. - (1.) HEARD learned counsel for the appellants and learned A.G.A. The present appeal has been filed by the appellants against the judgment and order of conviction dated 01.11.2011 passed by Special Judge, SC/ST Act, Court No. 3, Deoria, in S.T. No. 127 of 2009, under sections 147, 148, 323, 304, 504 IPC, P.S. Kotwali Deoria, District Deoria.
(2.) LEARNED counsel for the appellants contended that in the present case, both side received injuries. It appears that there was free fight. Since in view of the compromise in between the parties, in the present case, even the injured witness has not supported the prosecution case. P.W. 2 also has not supported the prosecution case. On the basis of statement of two minor witnesses No. 4 and 5, the applicants have been convicted and sentenced under section 304 (1) IPC. Even the prosecution version has not been supported by the injured witness. However, even if the prosecution case is admitted, the offence will not travel beyond section 304 (2) IPC. Apart from that there are three lacerated injuries on the person of injured. The allegation is that the deceased and injured were assaulted by lathi -danda, kulhari and farsha which is not supported by the injury report, because there was no incised wound. The applicants were on bail during trial, they have not misused the liberty of bail. The appellants were falsely implicated along with other co -accused in the present case. Learned counsel for the appellants submitted that there is no chances of hearing of appeal in near future in view of large number of pendency of appeals. Learned AGA opposed the aforesaid prayer for bail.
(3.) LET the appellants Shyam Bihari Chauhan, Musafir Chouhan, Santosh Chouhan and Awdhesh Chouhan be released on bail on their furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned in S.T. No. 127 of 2009, under section 3147, 148, 323, 302, 504 IPC, P.S. Kotwali Deoria, District Deoria.;