ASHOK Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri K.K. Singh, learned Advocate appearing for Sri Shashank Maurya, learned counsel for the appellant and Sri Nagendra Kumar Srivastava, learned A.G.A. for the State.

(2.) Though learned counsel for the appellant has made submissions to press upon the bail application on the ground that the appellant has been incarcerating in jail since 2012 and there possibility of disposal of the appeal in near future is very bleak. As far as bail is concerned, we have gone through the record, the judgment impugned and the factual data, however, having regard to the submissions made by the learned counsel for appellant and his period of incarceration, in the interest of justice, it will be appropriate that appeal itself be heard and decided finally on merits. Accordingly, we proceed to decide this appeal finally.

(3.) This appeal challenges the judgment and order dtd. 5/8/2015 passed by Special Judge D.A.A./Additional Sessions Judge, Room No.3, Farrukhabad in Sessions Trial No.234 of 2012 (State vs. Ashok) whereby the learned Sessions Judge has convicted accused-appellant, Ashok, under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.50,000.00 and, in case of default in payment of fine further to undergo one year's simple imprisonment.