RAJEEV AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgement and dated 10.4.2018/11.4.2018 passed by Addl. Sessions Judge Court no. 4, Budaun in S.T. No. 744 of 2012 (State vs. Rajeev and others), arising out of Case Crime no. 761 of 2008, under Sections 147, 148, 307/149 and 504 I.P.C., P.S. Dataganj,district-Budaun, whereby learned Judge convicted and sentenced the appellants to one year rigorous imprisonment under Section 147 I.PC., one year rigorous imprisonment under Section 148 I.P.C. and five years rigorous imprisonment under Section 307 read with section 149 I.P.C. with a fine of Rs. 5000/- each and in default of payment of fine, further additional imprisonment for two months.

(2.) The prosecution story in brief is that on 18.10.2008 at about 8:00 a.m. when the brother of the complainant stopped Lakhan Singh to encroach his field during cutting of 'medh' of his field, then Lakhan Singh started abusing him and when brother of the complainant asked for not doing so, then Lakhan Singh called his sons and nephew and exhorted them to beat. Rajiv, son of Lakhan Singh was having a riffle of 315 bore of his brother, Chhotey Singh, son of Shiv Singh was having pistol of 12 bore of his brother Lakhan Singh, Punjab Singh, son of Jagatpal was having licensee riffle of 315 bore of his brother and Lakhan Singh was armed with country made pistol reached at the place of occurrence. All the accused persons with the intention to kill opened fire at the complainant and his brother. The fire which was shot by Ranjit hit his brother Ram Naval Singh. The incident was witnessed by Chandrapal. The first information report was lodged on the basis of information given by Ram Nivas, brother of the injured Ram Naval Singh. After the registration of the case, the investigation thereof was entrusted to S.I. Srinivas who after completing investigation and doing necessary formalities, submitted charge sheet against the appellants under Sections 147, 148, 149, 307 and 504 IPC.

(3.) As the case was exclusively triable by the Court of Sessions, learned Magistrate committed the case to the Court of Sessions and learned Additional Sessions Judge, Budaun framed the charge against the appellants under Section 147, 148, 307 read with 149 and 504 IPC to which the appellants pleaded not guilty and claimed to be tried.