AWADHESH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Leave granted.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.12.2015 passed by the High Court of Judicature at Allahabad at Lucknow Bench in Criminal Appeal No. 2517 of 2009 by which the High Court has been pleased to allow the appeal preferred by the original accused partly and has converted the conviction from Section 302 IPC to Section 304 Part I IPC, the original complainant has preferred this appeal.

(3.) Brief facts of the case of the prosecution was that the complainant Awadesh Kumar lodged an FIR at Police Station Khiri, District Lakhimpur Kheri on 11.07.2006 at 18:45 hours alleging therein that on 11.07.2006 at about 5:30 p.m. his mother Smt. Lajjawati was making complaint to Ravinder Verma (original accused No. 1 - respondent No. 2 herein) regarding bad behaviour of his nephew Vishun Kumar. At that time, Sudhir @ Ramaudh, Rakesh, Vishun Kumar were also present there. When the mother of the complainant was making complaint, meanwhile all the above named four persons started quarrelling with his mother. In the meanwhile, the brother of the complainant Anoop Kumar and his father Ram Lakhan also reached there. Then all the four accused persons were asked by these persons to go away from there. Feeling annoyed by this conduct of the complainant side, Vishnu Kumar, Rakesh Kumar and Sudhir @ Ramaudh exhorted Ravinder to fire at the deceased, Ravinder, with his country-made pistol fired on the complainant's mother. The complainant along with other persons took his injured mother to police station and lodged the FIR.