SHASHI KANT SINGH Vs. STATE

JUDGEMENT

(1.) Two appellants Shashi Kant Singh(A1) and Pintoo @ Amrendra Singh (A2) have challenged their conviction under Section 307/34 IPC and imposed sentence there for 10 years R.I. with fine of Rs. 25,000/-, the default sentence being one year further R.I. and appellant Shashi Kant Singh has also questioned correctness of his conviction under Section 3/25 Arms Act with imposed sentence of two years R.I. with fine of Rs. 10,000/-, the default sentence in lieu of payment of fine being six months further R.I. both convictions and sentences imposed by Additional Sessions Judge, FTC Ist, Ghazipur in the impugned judgement and order dated 14.11.2008 passed in S.T. No.47 of 2007, State Shashi kant Singh and others relating to Crime No.642 of 2006 and connected S.T. No.48 of 2007, State v. Shashi Kant Singh, relating to Crime No.661 of 2006 in the impugned judgement and order.

(2.) Briefly narrated prosecution allegations against the appellants are that on 31.11.2006 at 11.00 a.m. A1 and A2 accompanied with acquitted socio criminis Chedi Singh, father of A1 fired upon injured Rudresh Kumar Singh when he was sitting and chatting with covillagers Aras Nath Singh and Tej Narain Singh r/o village Chilahar, district Buxar (Bihar) in front of his gun shop and thereby causing grievous fire arm injuries to all the three of them. Virendra Singh, Rangnath Singh and the informant Durgesh Kumar Singh, PW1, witnessed said incident and rushed to the spot forcing assailants to flee away from the spot on a motorcycle towards Barui crossing. Injured were rushed to Singh Nursing Home,(correct name being Singh Medical and Research centre), Varanasi in a car accompanied by Virendra Singh and Rangnath Singh.

(3.) Written report Ext. Ka-1, about the occurrence was scribed by informant Durgesh Kumar Singh P.W.1 who got it registered at 12.15 a.m. at police station Jamania, district Ghazipur at a distance of five Kms. as crime no.642 of 2006 under section 307 IPC.