RAMBHAJAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Ms. Mridul Tripathi, learned Amicus Curiae appearing for the appellant, Shri Om Prakash Mishra, learned Additional Government Advocate and perused the lower court record with the assistance of the learned counsel for the parties.

(2.) The instant appeal has been filed against the judgment and order dtd. 18/11/2010, passed by the Additional Sessions Judge/F.T.C. No. 7, Shahjahanpur, in Session Trial No. 526 of 2004, along with Session Trial No. 527 of 2004, arising out of Crime No. 283 of 2003 connected with Crime No. 287 of 2003, P.S. Kanth, District Shahjahanpur, whereby, convicting the appellant no.2 Ram Kishore under Sec. 302 IPC and further convicting the appellant no. 1 Ram Bhajan and appellant no. 3 Udai Veer under Sec. 302/34 IPC and sentencing them to imprisonment for life and fine of Rs.5,000.00 each, further convicting the appellant no. 1 Ram Bhajan under Sec. 25/27 of Arms Act and sentencing him to 3 years rigorous imprisonment and fine of Rs.1,000.00. In case of the default of payment, the appellant will have to undergo further 1 month simple imprisonment.

(3.) The prosecution case setup in the FIR is that on 5/11/2003, Mool Shankar, son of the complainant (P.W.-3) had gone to Kanntha town to get the quilt stuffed. The complainant had gone to the market, where he was informed by Jagdish and Pratap, residents of his village, that his son Mool Shankar (deceased) was caught by accused Rambhajan and Udayveer at about 2 PM on Kurriya Road and their brother Ramkishore shot his son in the stomach with a country-made pistol. The injured Mool Shankar was taken to the Shahjahanpur Hospital on a tempo by some persons. It is further stated that complainant reached the Government Hospital and found his son admitted. It is further alleged that injured Mool Shankar told the complainant that accused Ramkishore shot with a country-made pistol in his stomach while accused Udayveer and Rambhajan caught him. It was further alleged that 5-6 months earlier a case under Sec. 307 IPC was lodged by accused Rambhajan against the son of the complainant and Tej Ram. It is due to this enmity the accused have committed the crime. Mool Shankar (deceased) succumbed to the injury in the hospital during treatment on 8/11/2003.