NIRMAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. P.N. Mishra, learned senior counsel for the appellant Nirmal Singh and learned AGA for the State and perused the record.

(2.) By this appeal the appellant Nirmal Singh has impugned the judgment and order dated 21.03.2006 rendered by Sri P.K. Mishra, the then Additional Sessions Judge, Court No. 5, Rampur in Sessions Trial No. 435 of 2004, State vs. Nirmal Singh & others, whereby the learned Additional Sessions Judge has convicted and sentenced the appellant under section 307 IPC to undergo rigorous imprisonment of ten years and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo additional rigorous imprisonment of one year and further convicted and sentenced him under section 506 IPC to under go rigorous imprisonment of five years. Both the sentences have been directed to run concurrently.

(3.) The prosecution story in brief is that on 26.5.2004 at about 06.30 PM, the complainant Raju and his father Dhannu Singh were going to their house along with Satish from the shop of Sarvesh. When they reached near the temple, the appellant Nirmal Singh and Co-accused Ganga Ram, Ratan Lal and Balbir arrived there and caught hold of the injured Dhannu Singh and asked the appellant to kill him. On the exhortation so made by the aforesaid co-accused, the appellant assaulted the injured Dhannu Singh with a country made pistol. Consequently, the injured sustained fire arm injuries and fell down. The injured was immediately taken to SWAR Hospital for treatment, and was, thereafter, referred to the District Hospital, Rampur. The complainant Raju lodged the FIR on which basis the police registered the case and investigated the matter and filed charge sheet against the appellant and other accused.