MUNENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) 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 seven years rigorous imprisonment with fine of Rs. 3000/- and in default of payment of fine further additional imprisonment for six 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.

(2.) 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 marriage ceremony, then 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 intention to kill and the shot fired by him hit Kanti, as a result of which she collapsed on the 'kharanja'. The incident was witnessed by Gaurav Kumar, Arvind, son of Chatrapal, Dinesh, son of Munshi and several others. All the accused persons after firing ran away towards fields.

(3.) At the very outset, Sri Umesh Chandra Tiwari, learned counsel for the appellant, on instructions, stated that he does not propose to challenge the impugned judgement and order on its merits. He, however, prayed for modification of the order of the sentence.