BHEEM SEN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties. Admit.

(2.) Heard learned counsel for the applicant-appellants, learned AGA for the State and perused the record.

(3.) Learned counsel for the applicant-appellants has submitted that the appellants Bheem Sen and Bharat Singh have been falsely convicted and sentenced for the offence under section 308/34 I.P.C. for 03 years rigorous imprisonment and Rs. 1000/- fine each and under section 504 I.P.C. for 06 months rigorous imprisonment each and default fine sentence has also been awarded in lieu of fine. Learned counsel for the accused- appellants has submitted that two Sessions Trial numbered as Sessions Trial No. 484 and 522 of 2016 were decided by a single judgement by the learned trial court on 04.04.2019 and in Sessions Trial No. 484 of 2016 the accused-appellants of the present case were accused. Learned counsel for the appellants has further submitted that appellants were on bail during trial and they have never misuse the liberty of bail and at present they are on interim bail. Learned counsel for the appellants has further submitted that the entire prosecution story is absolutely false and incorrect and there are material contradictions in prosecution evidence, the trial court without properly appreciating the evidence on record has acted wrongly and illegally in convicting the accused-appellants. Learned counsel further submitted that appellants have every hope of success in appeal and they undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.