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2000 Supreme(All) 34

J.C.MISHRA
PRAVEEN ALIAS BULGEY – Appellant
Versus
STATE OF U P – Respondent


J. C. MISRA, J.

The applicant is involved in tour murder case.

2. According to the deccased in his dying declaration and the eye-witnesses in their statement under Section 161,cr. P. C. The applicant was armed with Pharsa and had given Pharsa blows to the victims. The learned counsel for the applicant con tended that prosecution case in this regard is not corroberated by medical evidence.

3. Learned counsel for the complaintsri O. K. Srivastava contended that the applicant could have used the blunt side of the Pharsa. He however after verifying the statement of the witnesses and the dying declaration stated that none of them had stated that the applicant had used the blunt side of the weapon.

4. In view of this fact I find that the applicant isentitled to bail.

5. Let the applicant Praveen alias Butgcy involved in Case Crime No. 151 of 1999, under Sections 302 and 307, I. P. C, P. S. Khekhra District Baghpat is enlarged on bail upon his furnishing a personal bend and two sureties each in the like amount to the satisfaction of C. J. M. , Bagh pat.


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