MANOHAR AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellants, learned A.G.A. for the State and perused the lower court's record.

(2.) THIS appeal has been preferred against the judgment and order dated 19.4.2010 in which prayer for bail has been made on behalf of the Appellants Manohar, Fauran Singh, Pappu and Kripa Ram, who have been convicted by learned Special Judge (E.C. Act), Agra in S.T. No. 67 of 2003 (State v. Manohar and others) under Sections 302 and 201 I.P.C., S.T. No. 487 of 2003 (State v. Manohar), under Section 25/27 Arms Act S.T. No. 488 of 2003 (State v. Fauran Singh) under Section 25/27 Arms Act and S.T. No. 496 of 2003 (State v. Pappu) under Section 25/27 Arms Act and sentenced the Appellants for life imprisonment with a fine of Rs. 20,000/ -each, on non payment of fine to further undergo two years rigorous imprisonment and under Section 201 I.P.C. for five years rigorous imprisonment with a fine of Rs. 10,000/ -each, on non payment of fine to further undergo rigorous imprisonment for one year and further to undergo imprisonment for three years each under Section 25 of Arms Act and with a fine of Rs. 5,000/ -each and non payment of fine to further undergo for rigorous imprisonment for six months.

(3.) ON the other hand learned A.G.A. has argued that the F.I.R. was prompt. The commission of offence is disclosed in the F.I.R. itself which has been lodged on the same day within three hours of the incident. The recovered fire arm used by the Appellants has been tallied with recovered empty cartridges on the spot. The contradictions pointed out by the Appellants are minor and negligible. Prosecution case is supported by witnesses of fact.