SURESH Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard learned counsel for the appellants, learned AGA for the State, learned counsel for the complainant and perused the impugned judgment and trial court's record.

(2.) SINCE both the aforementioned criminal appeals arise out of a common judgment and order, the prayer for bail in both the appeals is being heard and disposed of by a common order.

(3.) SRI Dilip Kumar, learned counsel for the appellant Arun @ Vinne submitted that Arun @ Vinne is alleged to have been arrested on the spot and a countrymade pistol 315 bore and four live cartridges were recovered from his possession. It was contended that the bullets found inside the dead-body were not sent to the Forensic Science Laboratory for verification that these bullets were fired from the pistol recovered from appellant Arun @ Vinne. It was submitted that Arun @ Vinne had no enmity with the deceased and had no reason to commit his murder. It was further submitted that no independent eye witness of the incident has been examined by the prosecution and all the police witnesses examined during the trial were not eye witnesses of the crime and had reached at the place of occurrence after the incident.