Jas Karan Singh vs State of U.P.

Both the applications have been moved for bail in pending appeals. Since the applications arise out of one and the same sessions trial, they are being taken up together.

Heard Learned Counsel for the Appellants and the learned Additional Government Advocate.

Appellants-Jas Karan Singh and Suggi Singh are convicts of Sessions Trial No. 222 of 2000 and they have been convicted under Sections 302/34 and 307/34 Indian Penal Code and sentenced for maximum term of life imprisonment with fine stipulation vide judgment and order dated 30.08.2010 passed by the Additional Sessions Judge/F.T.C. IV, Lakhimpur Kheri.

We have gone through judgment as well as record of lower court, including postmortem report of deceased-Rajaram Singh, injury report of Ajay Kumar Singh and Tahsildar Singh.

It comes out that an FIR was lodged by one Kallu Singh alleging therein that on 12.11.1999 at about 5.00 p.m. Appellants armed with gun came on field where injured persons were cutting fodder (Chara); they resisted from cutting the fodder and started abusing and fired on complainant''s brother and nephew, who received injuries; on hue and cry being raised by the injured persons, Rajaram Singh, father of the complainant, and other persons challenged and chased the accused persons upon which one of the Appellants, namely, Suggi Singh fired on him also due to which after receiving firearm injuries he fell down and died on the spot. It also comes out that one Bhanu has also received firearm injuries vide paper No. Exhibit Ka-3, which is on record, although he has not been examined.

The deceased had received two firearm wound corresponding to exit. Injured-Tahsildar Singh and Ajay Kumar Singh have been examined as PW-2 and PW-3. They have supported the prosecution version. Though Tahasildar Singh has stated that he was fired upon and his injury report shows that he had received three injuries, but it has been submitted by the Learned Counsel for the Appellants that he had not received firearm injuries. The incident took place on 12.11.1999 at 5:00 p.m. i.e. broad-day-light.

In the above facts and circumstances, we don''t find it a fit case for releasing the Appellants on bail.

Accordingly, the bail applications are rejected.