BABLU PASI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the accused-appellant. learned Addl. Government Advocate for the State and perused the judgment.

(2.) Learned Counsel for the accused-appellant submits that there is delay in lodging of the First Information Report. According to the First Information Report, the informant Ram Das Nishad and his sister Manju Devi were present at the house of the accused-appellant wherein it is mentioned that the accused-appellant armed with Hansiya chased the deceased, they left the place and went to the village Mahewa and according to the First Information Report they did not see the actual occurrence. lie further submits that if the prosecution case is admitted as whole the present occurrence can be said to be the result of sudden provocation. The accused-appellant had been on bail during trial and he had not misused the privileges granted to him. There is no possibility that the appeal be heard in the near future.

(3.) Considering the arguments of the learned Counsel for the parties, as stated above, but without expressing any opinion of their arguments on merit, the appeal is admitted.