ARUN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Learned Counsel for parties and perused the records.

(2.) LEARNED Counsel for appellant submitted that the incident took place at 7.00 O'clock in the evening on 11.1.2004 and the F.I.R. was lodged on next day at 4.10 P.M. Learned Counsel also submitted that though the prosecution has produced two eye witnesses said to be related to the deceased but their statements are at variance with each other regarding the presence of eye witnesses itself. Learned Counsel also submitted that the eye witnesses have mentioned in evidence that as many as 6 blows were caused but the postmortem examination report suggests only one incised wound. Learned Counsel further submitted that the accused appellant, on such type of evidence, has remained lodged in jail for over 6 years and even the motive for commission of offence is not clear. Learned Counsel also submitted that on the same set of evidence co -accused Kalendra Kumar Pandey, who has been attributed the role of giving exhortation, has been acquitted whereas the accused appellant stands convicted.

(3.) TAKING into account the rival submissions and without expressing any opinion on the merits of this case, we accept the prayer for suspension of jail sentence as well as stay of recovery of fine qua accused appellant Arun Kumar @ Chhotey @ Arun Kumar Pandey, son of Ram Raj Pandey, resident of village Kaboolpur, P.S. Malipur, district Ambedkar Nagar. It is, thus, directed that the jail sentence as well as recovery of fine qua appellant Arun Kumar @ Chhotey @ Arun Kumar Pandey shall remain suspended during the pendency of appeal and he shall be released on bail on his furnishing bail bonds to the satisfaction of learned Sessions Judge, Ambedkar Nagar.