Vinod Harijan vs State of U.P.

Heard learned Counsel for the Appellant and learned A.G.A. for the State. A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 18.3.2005, passed by Special Judge/Additional Sessions Judge, Azamgarh, convicting and sentencing the Appellant to undergo for life imprisonment in Session Trial No. 261 of 2003, arising out of case crime No. 226 of 2001, u/s 302 IPC, P.S. Nizamabad, District Azamgarh with default stipulation.

It is argued by the learned Counsel for the Appellant that the medical evidence is inconsistent with the eye witness account. There are five injuries on the deceased, and so far as the abrasions on the deceased are concerned they are unexplained. The stomach contained semi digestive food which is inconsistent with the prosecution''s version. There are various contradictions with regard to the time of occurrence as the incident has taken place at the midnight or 1:00 am or 1:30 am. The other assailants who are said to have participated in the alleged incident have not been identified. The Appellant is in jail for nine years and was not on the bail during the trial.

The learned AGA, on the other hand has argued that the Appellant is the only accused person in this case. There was light of bulb and the injuries could have been received after felling down of the deceased. There is one through and through injury. Therefore there was no reason for false implication.

Having considered the above submissions made by the learned Counsels for the parties, we are not inclined to release the Appellant on bail, his prayer for bail therefore is rejected.

However, the hearing of the appeal is expedited. Office is directed to prepare the paper book preferably within three months and to list the appeal for hearing thereafter before the appropriate Bench.