GOVERDHAN Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is an appeal under Section 449, Cr. P. C. directed against the order dated 19-2-1979 passed by the then IVth Addl. Sessions Judge, Fatehpur, whereby he has ordered recovery of Rs. 2,000 each from both the appellants who stood surety for the accused Ram Phal. This case arises out of S. T. No. 306 of 1979. Accused Ram Phal was involved in this case. The appellants, admittedly stood surety for Ram Phal and they failed to produce him on the date fixed for trial on 19-2-1979. Both the appel lants were present before the learned Addl. Sessions Judge and they promised to produce the accused Ram Phal on 25-3- 1979. They also gave a specific state ment that in case they failed to do so, they would deposit the surety amount.

(2.) IN the record, there is an application of Shanker Lal, one of the sureties who has alleged in paragraph 4 that Ram Phal accused had been murdered in 1978 in village Jalalpur, P. S. Marka, Distt. Banda.