NAHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) LEARNED AGA has filed objection, which be taken on record.

(2.) HEARD learned counsel for the appellants, Sri Umesh Chandra Mishra and Sri P. K. Kashyap and learned AGA for the State on the prayer of bail of appellants Nahar Singh and Awdhesh, who have been convicted by the Additional Sessions Judge, Court No. 3, Farrukhabad vide judgment dated 11. 07. 2008 passed in S. T. No. 260 of 1998 (State vs. Nahar Singh and another), under section 302 IPC, P. S. Mohammadabad, District Farrukhabad. We have perused the trial court record and other materials including impugned judgement.

(3.) LEARNED counsel for the appellants argued that from the averment of the FIR, the only inference that can be drawn is that the case is of sudden provocation. It is alleged that the appellants and other accused persons demanded a sum of Rs. 10/- from Shamsuddin (P. W. 4) , driver of the vehicle, as tehbazari. On it, Rakesh deceased told that tehbazari can be collected only from the vehicles which carry the passengers. On it, the accused persons dragged Rakesh from the vehicle and thrashed him by legs and fists and they continued to thrash him till his death.