KHILARI Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court allowing the prayer for bail made by respondent no.2 during the pendency of Criminal Appeal no.6724 of 2006. Challenge before the High Court was to the conviction recorded by learned Sessions Judge, Bagpat, in Sessions Trial no.299 of 2000. Respondent no.2 was convicted for offences punishable under Section 302 and Section 506 of the Indian Penal Code, 1860 (in short 'IPC') and was sentenced to undergo imprisonment for life and one year for the offences respectively. He and his two sons were also convicted allegedly for committing murder of Shiv Kumar. Challenging the conviction appeal has been filed and simultaneously prayer for being released on bail during the pendency of the appeal was filed. By the impugned order the Division Bench accepted the prayer and granted bail to the respondent no.2. The High Court noted that the allegation was that the incident took place on 9.3.2000 at about 8.30 p.m. and accused no.2 and his two sons assaulted Shiv Kumar (hereinafter referred to as the 'deceased') mercilessly with iron rods and he succumbed to the injuries.

(3.) The only stand taken was that the ante mortem injuries on the body of the deceased included three contusions, one abraded contusion and four lacerated wounds of different dimensions on various parts of the body which could not have been caused by iron rods. It was their stand that some unknown assailants caused the injuries to the deceased.