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

JUDGEMENT

(1.) Learned counsel for the appellants has very fairly stated that appellant no. 2, Amar Singh has already served the sentence and in view of the above, the appeal against the appellant no. 2, Amar Singh has become infructuous.

(2.) Having regard to the submission made by the learned counsel for the appellant, the appeal against appellant no. 2, Amar Singh is dismissed as infructuous. This criminal appeal has been filed against the judgement and order dated 13.3.2018 passed by Addl. Sessions Judge, Court no. 1, Budaun in S.T. No. 472 of 2014 (State vs. Munendra and others), under Sections 307 and 504 I.P.C., P.S. Bisauli, district-Budaun, whereby learned Judge convicted and sentenced the appellant to five years rigorous imprisonment with fine of Rs. 2000/- and in default of payment of fine further additional imprisonment for three months, one year rigorous imprisonment under Section 504 I.P.C. with a fine of Rs. 1000/- and in default of payment of fine, further additional imprisonment for one month. Both the sentences shall run concurrently.

(3.) The prosecution story in brief is that on 14.6.2014 the complainant along with his other family members had returned back from the 'Lagun ceremony' of his daughter Vimlesh and his other daughter Kanti had come from her in-laws house to attend the marriage. On 15.6.2014 all the family members were present at home in preparation for the procession. Resident of same village Munendra son of Amar Singh who was armed with firearm started abusing them. Along with Munendra, the residents of same village namely, Mahipal and Amar Singh, son of Natthu, who were having firearms in their hands also came before us and started abusing. When they objected for abusing then at about 6:00 p.m. Munendra started firing with the intention to kill us, which was hit Kanti, as a result of which she collapsed on the 'kharanja'. The incident was witnessed by the residents of the village namely, Gaurav Kumar, Arvind, son of Chatrapal, Dinesh, son of Munshi and several others. All the accused persons after firing ran away towards fields.