- (1.) Heard Sri Manish Tiwary and Sri A.K. Awasthi, learned counsel for the appellants, learned A.G.A. for the State of U.P. and perused the lower court record.
(2.) The appellant Brij Mohan has preferred the Criminal Appeal No. 821 of 2013 and appellant Ram Nayan has preferred the Criminal Appeal No. 822 of 2013, against the judgement and order dated 7.2.2013 passed by learned Additional Sessions Judge, Court No. 1, Gorakhpur in S.T. No. 18 of 2010 whereby the appellants have been convicted under sections 498-A, 304-B, 302/34 IPC and section D.P. Act. The appellants have moved their bail applications in their respective appellants, therefore, both the bail applications are disposed of by a common order.
(3.) Having heard learned counsel for the appellants, learned A.G.A. for the State of U.P. and from the perusal of the lower court record it reveals that the FIR of this case has been lodged by Smt. Phoolwasi, P.W. 3 on 25.7.2009 at 7.00 P.M. in respect of the incident allegedly occurred in the night of 23.7.2009. Four persons including the appellants are named as accused. According to the post mortem examination report the deceased had sustained two ante mortem injuries in which injury No. 1 was contused swelling 6 cm. on top of head, of cutting skin haematoma was present. The injury No. 2 was superficial too deep burn head to sole, on except both palm and both soles, line of redness was present on some places. The cause of death was due to shock, as a result of ante mortem injuries.;