OMPAL Vs. STATE

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.) 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.

(3.) 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 the appellant has caused the vital injury to the deceased and according to the opinion of the doctor this injury was sufficient in ordinary course of nature to cause death of the deceased.