AJAYRAJ Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Uttar Kumar Goswami, learned counsel Amicus Curiae for appellant and Sri Patanjali Mishra, learned A.G.A. for the state.

(2.) This appeal challenges the judgment and order dtd. 16/11/2013 passed by Additional Sessions Judge, Court No.12, District Meerut, in Session Trial No.664 of 2010( in Case Crime No.665 of 2009) (State of U.P. Vs. Ajayraj @ Raja and others) convicting accused-appellant, under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced the accused-appellant to undergo imprisonment for life with fine of Rs.50,000.00 and in case of default of payment of fine, further to undergo imprisonment for a period of one year.

(3.) Brief facts as culled out from the record are that P.W.1, Vinod Kalanjari, gave first information the police authority stating therein that at around 6:15 in the morning of 1/12/2009, three unknown young persons barged in his house at Kalanjari Gaon and fired indiscriminately with the intention to cause death of his younger brother Subodh Kumar, as a consequence of which his brother received grievous injuries and accused persons escaped firing aerial shots. He carried his injured brother with the help of his family members and villagers to K.M.C. Hospital for treatment and got him admitted where his treatment is going on and he continues to be critical.