TINNA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Atul Kumar Tiwari, learned counsel for the appellants, learned A. G. A. for the State and also perused the material on record.

(2.) THE ball application on behalf of the accused-appellants Tinna and Harvansh convicted for the offences under Section 302/34 I. P. C. in S. T. No. 444 of 1998 vide judgment dated 24-3-2007 passed by additional Sessions Judge, Court No. 3, farrukhabad has been pressed on the ground that the case is totally based on circumstantial evidence. Report of the incident was lodged after twenty four days from the date of disappearance of the deceased and after thirteen days from the date of recovery of dead body. It is also said that the witnesses are not reliable. When the witnesses being in the near relation of the deceased had seen the deceased being dragged and criminally assaulted by appellants-accused, then why no F. I. R. was lodged immediately thereafter.

(3.) HAVING regard to all the facts and circumstances of the case, without expressing any opinion on merit of the case, the accused-appellants may be released on bail.