DEEPAK SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the appellants, learned A.G.A. for the State of Y.P. and Sri Janardan Yadav, learned counsel for the complainant.

(2.) THE appellant Deepak Singh preferred criminal appeal no. 2928 of 2014, the appellant Raju Yadav and Sanjay Yadav preferred criminal appeal no. 3077 of 2014, the appellant Nagendra Yadav preferred criminal appeal no. 3078 of 2014 and the appellants Vijay Pratap Singh and Pramod Kumar alias Dallu Singh preferred criminal appeal no. 3165 of 2014, against the judgement and order dated 27.7.2014 passed by the learned Additional Session Judge, Court No. 8, Azamgarh in S.T.No. 72 of 2010 connected with S.T. No. 73 of 2010 whereby all the appellants have been convicted for the offence punishable under sections 148,302/149 I.P.C. and the appellant Narendra Yadav has been further convicted for the offence punishable under sections 4/25 of Arms Act. All the appellants have moved the bail applications in their respective appeals, therefore, all the bail applications are being disposed of by a common order.

(3.) FROM the perusal of the lower court record and the impugned judgement it reveals that the FIR of this case has been lodged by P.W. 1 Lal Chand Yadav on 28.8.2009 at 00.10 a.m. in respect of the incident allegedly occurred on 27.8.2009 at about 9.00 p.m. in which all the six appellants are named as accused. According to the FIR there was an old enmity of the first informant with the family of the appellant Vijay Pratap Singh and Nagendra Yadav on account of litigation, On 27.8.2009,the deceased Ram Naresh Yadav, was returning to his house after tutoring, at about 9.00 p.m. he reached near the field of the appellant Vijay Pratap Singh where the appellants were already waiting the arrival of the deceased, caught hold the deceased and he was assaulted by the appellants Vijay Pratap Singh and Nagendra Yadav by using Banka and other weapons and caused injuries on his neck, mouth, face, head and they cut the neck also thereafter, the accused persons fled away.