(1.) Present appeal has been filed by the appellants against the judgment dated 11.02.2009 and the order on sentence dated 19.02.2009 passed by the learned Additional Sessions Judge in FIR No. 94/2003, PS Mansarover Park under section 307/34 IPC. The learned trial court has convicted the appellants under section 307 read with section 34 of the Indian Penal Code (hereinafter referred to as "IPC"). Appellant no.1, Rahisuddin; appellant no. 3, Ali Jaan; and, appellant no. 4, Shaukin Ali were sentenced to undergo rigorous imprisonment for a period of six years while appellant no.2, Alimuddin was sentenced to undergo rigorous imprisonment for a period of five years. A fine of Rs.5000/- each was imposed on the appellants and in default of payment of which, the appellants were sentenced to undergo a further simple imprisonment for a period of five months. All the appellants were granted benefit of section 428 of the Code of Criminal Procedure, 1973.
(2.) Brief facts of the case, as noticed by the learned Additional Sessions Judge in the judgment dated 11.02.2009 are that a case was registered against the appellants herein on a complaint made by the complainant, Shahzad alleging that on 16.03.2003, the complainant PW-1, Shahzad alongwith his maternal uncle PW-3, Yamin Ali had gone to Ashok Nagar to meet his maternal grandfather PW-2, Sh. Shahid Ahmed. At about 9.30 PM, when the complainant and his maternal uncle reached near the M.I.G Flats while returning back to their home, all the accused persons ("appellants" herein) were standing on the road and on seeing the complainant and his maternal uncle, the appellants started abusing and assaulting them. In the meantime, appellant no.2, Alimuddin exhorted appellant no.1, Rahisuddin to finish the complainant Shahzad. Appellant no.2, Alimuddin caught hold of the complainant, Shahzad, while appellant no.4, Shaukin and appellant no.3, Ali Jaan caught hold of PW-3, Yamin. Thereafter appellant No.1 took out a katta like weapon from his trouser and fired upon the complainant, who tried to save himself and the bullet hit him on his left arm. On this, PW-3 Yamin shouted "Bachao Bachao". All the appellants fled away from the spot. The complainant was taken to GTB Hospital and was admitted there. Charge-sheet was filed. Post-trial, the learned trial court found all the four appellants guilty for the offence punishable under section 307, IPC read with section 34, IPC.
(3.) The prosecution has examined ten witnesses. Statements of the appellants were recorded under section 313, Cr.P.C. The appellants have also examined themselves under section 315, Cr.P.C in their defence. It will be relevant to reproduce the evidence of the material witnesses. PW-1, Shahzad deposed in his examination-in-chief as under:
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