AMIT Vs. STATE OF U.P.

JUDGEMENT

(1.) Both Criminal Appeals are directed against judgment and order dtd. 3/6/2011 passed by Additional District and Sessions Judge, Court No.6, Moradabad in Sessions Trial No.1171/2007 (Pawan and two others vs. State) connected with Sessions Trial No.1172/2007 (Pawan Yadav and another) whereby, Pawan (appellant in connected Criminal Appeal No.4433 of 2011) and Amit @ Amit Yadav (appellant in leading Criminal Appeal No.3774 of 2011) have been convicted and sentenced under Sec. 302 read with Sec. 34 IPC for life imprisonment with fine of Rs.20,000.00 each and in default of payment of fine to further undergo imprisonment for a period of three years. They have also been convicted and sentenced under Sec. 504 IPC to undergo R.I. for six months with fine of Rs.1000.00 each and under Sec. 506 IPC to undergo R.I. for two years with fine of Rs.4000.00 each. They have further been convicted and sentenced under Sec. 25 of Arms Act to undergo three years R.I. with fine of Rs.6000.00 each. All the sentences have been ordered to run concurrently.

(2.) We have heard Sri Rajiv Lochan Shukla, Sri Manish Tandon and Sri Thakur Prasad Dubey, learned counsel for the appellants; Sri A.N. Mulla/Sri G.P. Singh, learned AGA for the State and have perused the record.

(3.) In an abridged form, prosecution allegations against appellants, as were contained in the written report dtd. 9/8/2007 (Ext. Ka-1), were that the informant Rajaram submitted a written report on 9/8/2007 alleging therein that on 8/8/2007 at about 11.00 p.m, when he was about to take dinner, his elder son Pawan, real nephew Amit and one more boy armed with country made pistols, entered his house and Pawan abused and threatened him stating that as the complainant had given the shop to Amod (younger son), today he will not let him live. They got the complainant and his wife, namely Hansho Devi, sat down at the Varandah. At that point of time, his son Amod returned to the home after shutting down the shop and all three persons caught him. Pawan fired the first shot while Amit fired the second shot at Amod with intention to kill him due to which he sustained injuries. He had taken his injured son to the hospital from where he was referred to 'Sai Hospital' and while they were leaving for 'Sai Hospital', his son (Amod) succumbed to injuries. The complainant went to the Police Station Kotwali, Moradabad on 9/8/2007 and submitted the written report, whereupon Case Crime No.1333/2007 under Sec. 302/504/506 IPC and Case Crime No.1341/2007 under Sec. 25 of Arms Act, Police Station Kotwali, Moradabad, were registered against the accused persons.