VIJAY KUMAR VERMA,J. - (1.) AT the time of hearing arguments on the prayer for bail of the appellant Anees, there was difference of opinion. Hence I am passing my separate order.
(2.) THE appellant -accused Anees and co -accused Kaluwa were tried in S.T. No. 61 of 1998 (State v. Anees and another) by Additional Sessions Judge, Court No. 7, Pilibhit, who by the judgment and order dated 19.9.2006 convicted and sentence them to undergo imprisonment for life and to pay a fine of Rs. 8,000/ -each, under Section 302 read with Section 34, IPC, on the charge of committing the murder of Washeem @ Kuddu on 7.4.1997 at about 8.30 p.m. The appellant has challenged his conviction and sentence by means of this appeal preferred under Section 374 (2) of the Code of Criminal Procedure (in short 'the Cr.P.C.') and has applied for bail during pendency of the appeal. Shorn of unnecessary details, the case of the prosecution as appearing form the First Information Report lodged by Sanabbar Khan, father of the deceased, on 7.4.1997 at 9.50 p.m. at PS. Kotwali, Pilibhit, in brief, are that some altercation had taken place between his son Waseem @ Kuddu and Anees on matter of panja fighting on 7.4.1997 at about 12.00 Noon and in that dispute, his son had slapt Anees. Although the matter was settled at that time, but due to the enmity of that incident, the accused Anees and Kaluwa came to the house of the complainant at about 8.30 p.m. and they carried his son Washeem in Tangewali Gali, where on catching hold of the hands of Waseem by Kaluwa, the accused Anees pierced a gupti in his chest, due to which he sustained injuries and died instantaneously.
(3.) WE have heard Sri R.A. Siddiqui, learned counsel for the appellant and Sri V.K. Mishra learned Additional Government Advocate for the State and perused the record.;