- (1.) Heard Sri V.K. Upadhyay and Sri V.K. Rai, learned counsel for the appellants, learned A.G.A. for the State of U.P., Sri Manish Chandra Tiwari and Sri R.S. Yadav, learned counsel for the complainant and perused the lower court record.
(2.) The appellant Dinesh Yadav has preferred the Criminal Appeal No. 2504 of 2013 and appellant Sharwan Yadav has preferred the Criminal Appeal No. 2505 of 2013 against the judgement and order dated 17.4.2013 passed by Additional Sessions Judge, Court No. 2, Mau in S.T. No. 244 of 2008 connected with S.T. No. 245 of 2008 whereby the appellants and co-accused Kavaldhari and Mahendra Yadav have been convicted for the offence punishable under sections 302/34, 506 IPC and section 7 of Criminal Law Amendment Act. Both the appellants have moved the bail applications in their respective appeal, therefore, both the bail applications are being disposed of by a common order.
(3.) Having heard learned counsel for the appellants, learned A.G.A., learned counsel for the complainant and from the perusal of the lower court record, it reveals that the FIR of this case has been lodged by Rajesh Yadav, P.W. 1 on 19.5.2008 at 5.50 P.M. in respect of the incident allegedly occurred on 19.5.2008 at about 4.00 P.M., the appellants and co-accused Kavaldhari are named in FIR. It is alleged that on 19.5.2008 the first informant and Harvansh Yadav were returning to their village Kabirpur from Koireyapar Bazar at about 4.00 P.M. his brother Ashok Yadav riding on a motorcycle was going from his village towards Koireyapar Bazar but near turning of Kabirpur, on account of old enmity the appellants and Kavaldhari Yadav were sitting intentionally and watching the arrival of the deceased, they were armed with country made pistols and Badhari. First of all the co-accused Mahendra and co-accused Kavaldhari discharged the shots causing the injury to the deceased, after sustaining the injuries he fell down in a pit on the road side covering the distance of 15 meters, thereafter the appellants who were arms with Badhari cut his neck and other parts of the body. On the challenge given by the first informant and others, the accused persons fled away by brandishing their fire arms and Badhari. According to the post mortem examination report the deceased had sustained twelve ante mortem injuries, in which injury No. 1 was lacerated wound, injury No. 12 was abrasion, injury No. 10 was traumatic contused swelling, injury No. 9 was fire arm wound of entry on the arm, it was having blackening and tattooing and its exit wound. The remaining injuries No. 2,3,4,5,6,7,8 and 11 were incised wounds.;