MUNNA Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE two appeals have been preferred by four convicts namely Munna, Vinod Kumar, Pramod Kumar alias Chhatakay and Shambhoo of Session Trial No. 636 of 2001, under Sections simpliciter IPC and / IPC whereby the appellants were convicted by the learned Additional Sessions Judge/ Special Judge E.C. Act for a maximum term of life imprisonment with fine stipulation thereof vide judgment dated 6.7.2009. Prayer for bail on behalf of all the convicts has been made during the pendency of the present appeal.

(2.) WE have gone through the first information report lodged by Smt. Urmila Devi with respect to commission of murder of her father and mother at 8.30 a.m. on 29.4.2001 of which FIR was lodged on the same day at 10.15 a.m. All the four appellants were named in the FIR. Specifically it has been stated in the FIR that they have committed the crime with respect to commission of murder of her parents by the weapons used by them. As it comes out from the statement of Smt. Urmila Devi, P.W. -1 that appellants Vinod Kumar was carrying Belcha, Shambhoo was carrying Kudal and Pramod Kumar had axe while committing the crime, while Munna appellant with held Smt. Urmila Devi P.W. -1, who tried to save her parents.

(3.) SO far Munna appellant is concerned, since he has been assigned the role of catching hold of complainant and not allowing her to interfere in the commission of crime, we find the case of Munna appellant is distinguishable from other accused persons Therefore, we direct that Munna appellant be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned. Realization of half of the fine shall remain stayed and half of the fine shall be deposited by the appellant within one month from the date of his release. Copy of the bail bonds be transmitted to this Court to be preserved on the record of the appeal.