PREM SHANKER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Learned Counsel for the parties on the prayer of suspension of sentence and bail of the appellant during the pendency of appeal and perused the record.

(2.) It has been submitted on behalf of the appellant that out of two witnesses of fact the informant P.W.1 Ram Asrey is not an eye witness and P.W.2 Indra Pal has admitted that he had reached on the spot along with Ram Asrey and as such he could not see the incident. It is also a submission of the Learned Counsel that the deceased was allegedly attacked with knife only and as such there is no explanation of his ante-mortem injury of contusion. It is further submitted that the deceased had allegedly made an oral dying declaration before P.Ws.1 and 2 but the post-mortem report shows several incised wounds on his neck and his underlying muscles, vessels, trachea, first cervical vertebrae and spinal cord were found cut and with such injuries he could not have made any dying declaration.

(3.) Considering the circumstances that the report of the incident, naming the appellant, was lodged after an hour of the incident at 7.30 p.m. on 7.6.2004 and there is no reason for his false implication and looking to the injuries of the deceased, we do not find it a fit case to suspend the sentence or to admit the appellant on bail.