ATAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has come up before us for consideration of prayer for bail of the appellant who has been convicted by Addl. Sessions Judge Court No. 4 Moradabad i S.T. No. 593 of 2006 under sections 302/149, 307/149, 323/149, 147 and 148 I.P.C. and sentenced to life imprisonment and fine of Rs. 25,000/ -, seven years imprisonment and fine of Rs. 7000/ -, six months imprisonment and fine of Rs. 500/ -, one years imprisonment and fine of Rs. 1000/ - and two years imprisonment and fine of Rs. 2000/ - respectively with default stipulation.

(2.) HEARD learned counsel for the appellant, learned A.G.A. for the State, Shri O.P. Mishra, and perused the lower court 'srecord. According to the prosecution case appellant Vijay was armed with fire arm, Atar Singh alias Bhoora, Raju alias Rajeev, Babloo, Omkar alias Dhautali, Jeevan, Mayaram, Vishesh alias Vijay Kumar, Vijay were armed with Lathi, Tabal and Kassi. Appellant Om Pal is alleged to be armed with knife. All the accused persons assaulted the deceased and injured with their respective weapons. It is submitted by learned counsel for the appellant that the Sessions Judge has wrongly convicted the appellant with the aid of section 149 I.P.C. All the injuries received by the injured are simple in nature and most of the injuries are on non vital part. Further it is argued that the deceased and injured have received simple injuries and the Sessions Judge has also convicted the appellants under section 323/149 I.P.C. Per contra, learned A.G.A. opposing the prayer for bail of the appellant submitted that the occurrence took place in a broad day light and there are sufficient evidence against the appellants.