MOHD. RAIS Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant and the learned A.G.A. for the State.

(2.) A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 18.9.2008, passed by Additional Sessions Judge, Fast Track Court, Room No. 25, Allahabad in Session Trial No. 1476 of 2004, State v. Mohd. Rais and Anr., arising out of case crime No. 87 of 2001, under Sections 307, 452 IPC, P.S. Kotwali, District Allahabad, convicting and sentencing the Appellant for ten years rigorous imprisonment under Sections 307 IPC with a fine of Rs. 2,000/ - and for three months rigorous imprisonment under Section 452 IPC, with default stipulation.

(3.) IT is submitted by the learned Counsel for the Appellant that the prosecution case has not been narrated in the manner as it was put forth in the first information report by the complainant as some part of it was overlooked from the first information report during trial. The complainant's brother Raghavendra, who had some enmity with the complainant about the partition of the property was responsible for the death of his son, but the Appellant has been made a scapegoat.