Prior to this incident, respondents Lalam and Murshad and companyaccused Chhote had stolen a buffalo of the deceased and for that they were required to pay Rs.20,000/ as per the decision of the panchayat held earlier.
Appellant brought the injured to the hospital where he was declared dead.
After investigation, charge sheet was filed.
The incident had taken in a broad day light in a busy Hazratpur crossing at Rampur City and was witnessed by many persons.
The respondents filed an application for release on bail.
3693 of 2001 was filed before the High Court.
Subsequently, blood stained dagger was also recovered.
Similarly, one companyntry made pistal and five life cartridges were recovered.
Each of the respondents 2 to 4 and companyaccused Chhote was awarded life sentence.
Learned Additional Sessions Judge, Rampur, placing reliance on the evidence of the witnesses found the respondents guilty.
Background facts as projected by the companyplainant in FIR Case Crime No.198 of 2005 of P.S. Kotwali district, Rampur, Uttar Pradesh are as follows The FIR was lodged on 29.5.2005 stating that the respondent armed with deadly weapons alongwith companyaccused Chhote and Raza came to a milk dairy where brother of the appellant namely Javed hereinafter referred to as the deceased was milking the buffaloes.
By a practically number reasoned order, bail has been granted.
P.C. The Division bench companypletely ignored the fact that respondents Lalam and Akbar during the trial had fled from the custody and were companyvicted for this offence by C.J.M. Rampur.
3693 of 2007.
On the basis of statement made by respondent Lalam recovery of a Patal was made.
Learned companynsel for the appellant submitted that the High Courts order is indefensible.
Accused Raza Ali companyld number be apprehended and he has absconded.
Various other factors have been pointed out, they are essentially as follows No opportunity was given by the High Court to public prosecutor as required under amended proviso 1 of Section 389 Cr.
An appeal Criminal Appeal No.
By the impugned order bail has been granted.
The accused persons thereafter fled away towards the forest after terrorizing people by firing in the air.
He was attacked with Patala Daon a sharp edged weapon, knife and dagger due to which he fell down after receiving the fatal injuries.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order of a Division Bench of the Allahabad High Court granting bail to the respondent Nos.
2 to 4 during the pendency of Criminal Appeal No.
