PURSHOTTAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Hari Prakash Mishra, learned counsel for the appellant and Sri S.S. Tripathi, learned Additional Government Advocate appearing on behalf of State and perused the lower court record.

(2.) This criminal appeal has been preferred by Purushottam Singh son of Rajendra Singh and Pappu son of Ram Ladaite, against the judgment and order dated 17.03.2004 passed by Additional Sessions Judge/ Fast Track Court No. 5, Etah in Sessions Trial No. 807 of 2002, convicting and sentencing the appellants under Section 307 IPC to undergo rigorous imprisonment of 5 years along with fine of Rs. 5,000/- each, in default of payment of fine to further undergo simple imprisonment of 3 months; under Section 452 IPC to undergo 3 years rigorous imprisonment and fine of Rs. 5,000/- each and in default of payment of fine to further undergo simple imprisonment of one month each and all the sentenced have been directed to run concurrently.

(3.) The prosecution case is that on 20.10.2001, Subhash son of Asha Ram, Smt. Ram Beti wife of Asha Ram and Rama Devi wife of younger brother of Asha Ram, Raj Kumar, were sleeping under the chappar. At about 12:30 a.m in the night, appellants and another person entered into house of Subhash. Mother of Subhash was awake and she stopped them. The accuseds focused their torch on the mother of Subhash and opened fire which injured her. On hearing the sound of firing, Subhash and his father, Asha Ram and other neighbours came on the spot. Seeing them the accuseds ran away making fire.