MOHD. TAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel appearing for applicant/Appellant -Mohd. Taha and the learned Additional Government Advocate on this second application for bail in pending appeal.

(2.) THE Appellant has been convicted under Sections 302/34, 307/34 and 323/34 IPC vide judgment and order dated 29.11.2008 passed by the learned Additional District/Fast Track Court No. 1, District Rae Bareli in Sessions Trial No. 368 of 2004. He has been sentenced for maximum term of life imprisonment with fine stipulation.

(3.) WE have also gone through the judgment and record of lower court. It comes out that the FIR was lodged by the complainant against unknown persons; during the course of investigation name of the Appellant had not come into light even in the statement of witnesses recorded under Section 161 Cr.P.C; later on since the complainant gave an affidavit to the Circle Officer with respect to participation of the Appellant and other accused persons after about four and a half months from the date of incident, name of the Appellant had seen light of the day.