A.F.R. Reserved on 28.08.2020 Pronounced on 03.09.2020 Court No. - 45 Criminal Misc Bail Application No. 01 of 2019 In Case :- CRIMINAL APPEAL No. - 3319 of 2019 Appellant :- Suraj Bhan And 5 Ors. Respondent :- State of U.P. Counsel for Appellant :- Amit Daga Counsel for Respondent :- G.A. Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J. (Per. Shekhar Kumar Yadav, J.) 1. Heard Sri Rajiv Lochan Shukla, Advocate, Sri Ajay Kumar Pandey, Sri S. N. Yadav, Advocate appearing for the appellants and learned AGA for the State and Mr Kartikeya Bhargava, learned counsel for the complainant. 2. The present criminal appeal has been filed by the appellants Suraj Bhan, Jomdar, Mahesh, Shishu Pal @ Rishi Pal, Surendra and Satendra against the judgment and order dated 11.4.2019 passed by the Addl. Sessions Judge, Agra in Sessions Trial No. 1139 of 2009 (State Vs Jomdar and others), and Sessions Trial No. 123 of 2010 (State Vs Surendra), under Sections 147, 148, 302/149, 307/149 IPC, P.S. Kagarol, District Agra and Sessions Trial No. 03 of 2010 (State Vs Satendra), under Section 25/27 Arms Act and Sessions Trial No. 1140 of 2009 (State Vs Shishu Pal @ Rishi Pal), under Sections 25/27 Arms Act, whereby the appellants Suraj Bhan, Jomdar, Mahesh, Shishu Pal @ Rishi Pal, Surendra and Satendra have been convicted under Sections 148, 302/149, 307/149 IPC and sentenced to undergo rigorous 2 imprisonment for two years each and a fine of Rs. 1,000/- under Section 148 IPC with default stipulation, and they have been sentenced to undergo life imprisonment under Section 302/149 IPC along with fine of Rs. 30,000/- each with default stipulation and further all the appellants have also been sentenced under Section 307/149 IPC for seven years rigorous imprisonment along with fine of Rs. 5000/- with default stipulation. Appellants Shishupal @ Rishi Pal and Satendra Singh have been convicted under Section 25/27 Arms Act and sentenced to undergo two years rigorous imprisonment with fine of Rs. 1000/- with default stipulation. 3. The appellants have prayed for their release on bail during the pendency of this criminal appeal before this Court. 4. An abridgment of the facts of the prosecution case are that on 10.8.2009 at about 4 p.m., the complainant Ramesh Singh (P.W.-1), his brother Rajveer and his father Harcharan Lal (P.W.-2) and one Rajan Singh were coming to his village Maselya from Village Baseri Bhar, P.S. Dauki, District Agra City in his Tavera vehicle and when they reached near their village, they stopped their vehicle and seeing the crowd at their field, they went there and saw that measurement of fields of Ganpati and Bachchu Koli were going on and at that time seeing them, appellant Jomdar son of Hajarilal exhorted others to kill them because at their instance, the measurements of their fields got started. At this, appellants Suraj Bhan, Mahesh, Rishi Pal, Surendra, Satendra, who were armed with country made pistols, revolver and fire arms, with an intention to kill opened fire at them, as a result of which, brother of complainant Rajveer Singh died instantaneously on the spot and the complainant and his father also sustained grievous injuries. 5. Learned counsel for the appellants has argued that the 3 trial Court has not appreciated the evidence properly with regard to cross case so as to determine as to which party was aggressor and has convicted the appellants without proper application of mind. He further submitted that the statements of prosecution witnesses are not reliable and trustworthy, who were also an accused in cross case. It is further submitted that genesis of the incident has been suppressed by the prosecution and the members of both the side have received injuries but the prosecution has failed to explain the injuries sustained by the accused appellants.