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

JUDGEMENT

(1.) HEARD learned Counsel for the Appellants and learned AGA and have taken through the record.

(2.) THE instant appeal has been filed on behalf of the Appellants against the judgment and order dated 21.7.2010 passed by Additional Sessions Judge/Fast Track Court No. 4 District Shahjahanpur whereby the Appellants were convicted and sentenced to undergo ten years rigorous imprisonment under Section 307 IPC vide Sessions Trial No. 979 of 2002. The Appellants were further directed to serve out the sentence of two years under Section 504 IPC. Both the sentences were directed to run concurrently.

(3.) PER contra learned AGA opposed the bail prayer of the Appellant and contended that the incident was narrated in the natural manner. There is no embellishment in the prosecution version. It is an admitted fact that incident had taken place and three persons had sustained injuries. The Appellants have been assigned specific role of firing at the complainant's brother and his sister in law. The trial Court has rightly convicted the Appellants on the basis of material evidence available on record. In case the Appellants shall be released on bail, they will misuse the liberty of bail.