Hon’ble Imtiyaz Murtaza, J.—This is an application for bail on behalf of Kalika Yadav and Paras Nath Yadav who have been convicted by Sessions Judge Jaunpur in S.T. No. 214 of 1992, under Section 148 I.P.C. and sentenced to undergo 3 years R.I., 302/149, I.P.C. for life and fine of Rs. 3000/- and in default of payment of fine 4 months imprisonment, 307/149, I.P.C for 10 years R.I. and fine of Rs. 2000/- and in default of fine 2 months imprisonment, under Section 380 I.P.C. 7 years R.I. and fine of Rs. 2000/- and in default of payment of fine 2 months imprisonment.

2. The brief facts of the case which gave rise to this appeal are that on 13.12.1990 at about 6.30 P.M. Deep Narayan Singh @ Bhallar Singh, Ram Murti Singh @ Nanhoo Singh were sitting inside their Maraha. Madhuri Singh, Smt. Vimla Devi, Smt. Vidya Singh, Manish Kumar Singh, Aruna Singh, Rajendra Kumari Singh and Hemant Kumar Bannerji were sitting in the Varandah in front of the house of the informant Bhoopesh Kumar Singh, who was delivering fodder to the cattle. At that time, 12-13 persons including appellants reached there armed with Kattas and Tamanchas. The unidentified persons were carrying Kattas, Grenade and torches and one of the unidentified person was carrying a gun. It is alleged that Kalika Yadav enquired about Manish and Deep Narayan Singh @ Bhallar Singh replied that he did not know as to where Manish was. Kalika challenged and said that they came to take revenge of Maarpit of Harinath Yadav at St. Thomas College and all their family members are to be killed. Paras Nath and Kalika fired at Deep Narayan Singh by Tamancha and one of the assailants threw a grenade at Deep Narayan Singh who received injuries and fell down on the spot. Indra Prakash and Keshav Prasad fired at Ram Murti Singh who after sustaining injuries also fell down. The ladies of the house and Manish Kumar Singh (P.W. 2) raised alarm. All the assailants started throwing grenades and fired from Kattas. One of the assailants fired at Hemant Kumar Bannerji who fell down after sustaining injuries. The assailants entered into the house and took away a single barrel gun and one double barrel gun and one mouser pistol alongwith the cartridges and also took away one VCR. On alarm being raised people of the vicinity reached there but the assailants threw grenades and fired. The assailants left the spot and went towards South-West of the house of informant Bhoopesh Kumar Singh (P.W. 1). The report of the occurrence was registered at Case Crime No. 469 of 1990 under Sections 147, 148, 149, 307, 452, 395, 397, I.P.C. at P.S. Shahganj on 13.12.1990 at 8.30 P.M. After the investigation charge-sheet was submitted and case was committed to the Court of Sessions.

3. In support of the case prosecution had examined 11 witnesses and P.W. 1 Bhoopesh Kumar Singh and P.W. 2 Manish Kumar Singh were witnesses of fact. The Sessions Judge after considering the evidence on record convicted the appellants as aforesaid.

4. The applicants alongwith two other persons had challenged their conviction and this Court on 28.2.2001 admitted the appeal and released the applicants and two other appellants on bail, the order of this Court reads as under :

“Admit

Issue Notice.

Shri H.N. Singh has put in appearance on behalf of complainant.

Learned Counsel for the appellants submitted that apart from the fact that all the appellants were on bail during trial and they never misused the same, the appellants have every hope of their success in the appeal inasmuch as a grave doubt is created from the evidence on record that dacoity with murder was committed by unknown persons and the appellants have been nominated on account of previous enmity with the first informant and his family members. The Court has also perused the judgment of the trial Court.

Pending appeal, appellants Kalika Yada, Indra Prakash, Keshwa Prasad alias Kesha and Paras Nath Yadav involved in session trial No. 214 of 1992 shall be released on bail on each of them