KAPIL Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant Criminal Appeal is against the judgment dated 20.1.2018 of conviction and sentence passed by the court in ST No. 429 of 2015 (State Vs. Kapil and others) arising out of case crime no. 374 of 2014 P.S. Pilkhuva, District Hapur whereby the appellant Kapil was convicted for the offence under section 307/34 of IPC and sentenced with rigorous imprisonment of 7 years and a fine of Rs. 5,000/- and in default of payment of fine additional imprisonment of three months was to be undergone.

(2.) The brief facts giving rise to this Criminal Appeal are that informant Dharmveer Singh, son of late Bhagirath Singh resident of Mohalla Jatan, Pilkhuva, District Hapur moved written information with the police station concerned with these allegations that on 10.3.2014 at 6.00-O'clock evening he alongwith his son Vikas and the brother-in-law of his son namely Sumit were exchanging talk at the crossing nearby his house. At the same time Kapil, son of Bablu, Gaurav, son of Shailendra, Bablu son of Sukhpal all resident of Madaia Jatan, Pilkhuva came by Motorcycle of which speed was too fast. The son of the applicant asked them to control the speed and to drive the motorcycle slow just to avoid any mishappening. On this issue all the three accused persons who were armed with weapon hurled abuses to his son and exhorted to his companion to open fire with intend to cause death of his son whereby Vikas opened fire which hit to the stomach of his son Vikas who fell down on the spot due to sustaining injury. The informant made noise whereby the persons of the locality attracted there. All the three accused persons fled away brandishing their country made pistol after having left the Motorcycle at the place of occurrence. He also saw the whole occurrence and recognized the assailants. The condition of his son Vikas was critical. He was rushed to the Saraswati Hospital. After first aid he was referred to Colombia Asia Hospital where he underwent treatment. On this written information Case Crime No. 374 of 2014 was registered against the accused Kapil, Gaurav, Bablu, under section 307 and 504 of IPC and the Investigating Officer after having concluded the investigation filed charge sheet against all the three accused persons on which cognizance was taken by the Magistrate concerned who committed the case for trial to the court of Sessions.

(3.) The trial court summoned the accused persons and charge was framed against the accused Kapil, Gaurav and Bablu under sections 307/34 and 504 of IPC which were read over and explained to the accused persons. The same was denied by them and demanded for trial.