Ganga Bhagat and Others vs State of U.P.

Hon''ble Surendra Kumar, J.—Heard Learned Counsel for the appellants and the learned A.G.A. for the State. The appellants Ganga Bhagat, Sunil and Harendra have been convicted by the Additional Sessions Judge, FTC No. 2, Deoria, vide judgment and order dated 12.11.2010 in S.T. No. 273 of 2003 relating to Case Crime No. 02 of 2003 for offences under sections 323/149, 147, 304/149 I.P.C., P.S. Khampar, District Deoria and sentenced to undergo one year simple imprisonment, six months simple imprisonment and eight years rigorous imprisonment with fine of Rs. 5000/-each respectively. In default of payment of fine, three months additional imprisonment. All the sentences have been ordered to run concurrently.

The trial proceeded against six accused persons, out of whom one accused Shiv Pujan died during pendency of the trial and remaining two accused Guddu and Chhotey Lal as per the Learned Counsel for the appellants were declared juvenile by the Court concerned.

It has been submitted by the Learned Counsel for the appellants that according to the prosecution case six accused persons including three appellant on 1.12.2003 at 2:00 p.m. had beaten the deceased Bali Ram Gupta with Lathi and giving him blows of the hands which caused one head injury to the deceased. The deceased as a result of the said injury died on the next day while he was being taken for treatment.

As per the post mortem report of the deceased, one contusion on the head with clotted blood having fracture on parietal bone was found. One abrasion was found on the wrist of the deceased.

It has been further submitted by the Learned Counsel for the appellants that six persons are alleged to have beaten the deceased with Lathi and Danda and the deceased sustained only one head injury which proved to be fatal and resulted in his death but it is not clear as to who is author of this head injury.

Learned AGA has submitted that in absence of the real author of the fatal injury, all the accused persons have rightly been convicted with the aid of Section 149 IPC.

Learned counsel for the appellants has further submitted that the appellants are in jail since 12.11.2010. They were on bail during the trial which liberty they have not misused and the appeal is not likely to be heard in near future.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellants on bail.

Let the appellants Ganga Bhagat, Sunil and Harendra be enlarged on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in the above session trial for above offence. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal. The appellants are allowed one month time to deposit entire amount of fine awarded to them.