Neutral Citation No. - 2019:AHC:31538-DB AFR Reserved on : 02.01.2019 Delivered on :15.02.2019 Court No. - 34 Case :- JAIL APPEAL No. - 3965 of 2013 Appellant :- Daryao Singh Respondent :- State Of U.P.

Counsel for Appellant :- From Jail,Arvind Kumar Srivastava (A.C.),M.C. Singh Counsel for Respondent :- A.G.A.

Hon'ble Sudhir Agarwal,J.

Hon'ble Rajendra Kumar-IV,J.

(Delivered by Hon'ble Rajendra Kumar-IV,J.)

1. This Jail Appeal has been filed by accused-appellant Daryao Singh through Superintendent of Jail Agra against common judgement and order dated 04.11.2006 / 7.11.2006 passed by Additional Sessions Judge, Court No. 6, Agra in Sessions trial No. 237 of 2002 (State v. Daryao Singh) under Section 302 IPC read with Section 34 IPC, Police Station, Khera Gargh, District Agra convicting accused- appellant Daryao Singh and sentencing him to undergo life imprisonment but acquitted the accused-Ramesh in Sessions Trial No. 28 of 2002 (State v. Ramesh), Police Station, Khera Gargh, District Agra.

2. Factual matrix of the case as emerging from First Information Report (hereinafter referred to as “FIR”) as well as material placed on record is as follows.

3. An FIR Ex.Ka-9 dated 06.08.2001 was pres