GAMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rakesh Kumar Tripathi, learned counsel for the appellant, Sri Vishwendra Pratap Singh, learned A.G.A. for the State and perused the entire record.

(2.) Under challenge in this criminal appeal is the judgment and order dtd. 2/12/2002 passed by the learned Additional District and Sessions Judge, Fast Track Court No.2, Sitapur in Sessions Trial No.48 of 2000 arising out of Case Crime No.96 of 1998, under Ss. 147, 148, 149, 323, 504, 506 and 307 I.P.C., Police Station Hargaon, District Sitapur whereby the appellant has been convicted and sentenced to undergo three years' rigorous imprisonment with a fine of Rs.1,000.00 for the offence under Sec. 324 I.P.C. and in default of payment of fine, he has further been directed to undergo six months' simple imprisonment. He has also been convicted and sentenced to undergo six months' rigorous imprisonment for the offence under Sec. 323 I.P.C. All the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that on 12/5/1998 at about 04:30 PM, the first informant, Govardhan Lal was having his high tea in his house. Suddently, his cousin, Dinesh Kumar came to his house. Dinesh Kumar was followed by the appellant along with other co-accused who were armed with country made fire arm, lathi, danda etc. The appellant and other co-accused hurled abuses. When object to, the appellant, Gama @ Ashok Kumar opened fire causing injury on the person of the complainant, Govardhan Lal. Dinesh Kumar had also sustained injuries on different parts of his body. When the first informant, Govardhan Lal was going to police station to get the case lodged, he was again intercepted by the appellant and other co-accused who fled away from the spot due to arrival of villager, Bharat Singh.