(1.) Heard Sri Indrajeet Shukla, learned counsel for accused-applicant and learned AGA.
(2.) The present bail application has been pressed on behalf of Smt Rekha applicant-accused against the judgment and order dated 18.01.2017 passed by Session Judge, Sitapur in Sessions Trial No. 209 of 2011, State of U.P. v. Ram Pramod Mishra and another arises out of case crime no. 351/10 under Section 302/34 I.P.C Police Station Imaliya Sultanpur, District Sitapur convicting and sentencing the appellant under Section 302/34 I.P.C to a term of life imprisonment and fine to a tune of Rs. 10,000/.
(3.) Sri Indrajeet Shukla, learned counsel for the accused-applicant Smt Rekha Singh submits that in the instant matter, the accused-applicant has been convicted only on the theory of last seen in the company of the deceased Sri Dinesh Pratap Singh and there is no other evidence except. Accordingly it is submitted by learned counsel for accused-applicant that on the basis of last seen, evidence has not been converted. Trial Court is contrary to the law laid down by Hon'ble Apex Court in the case of Indrajit Singh and another v. State of Punjab 1991 CRI.L.J 2191 in which the it has been held as under: