RAMJI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.K.S. Chauhan, learned counsel for the appellant Ramji Lal, Sri Mohd. Irfan, Sri Harendra Prasad, Sri Kildeep Singh Yadav, learned counsel for the appellant Achal Singh and Anil, learned A.G.A. for the State of U.P.

(2.) The appellant Ramji Lal preferred the Criminal Appeal No. 3093 of 2013 and the appellant Achal Singh and appellant Anil preferred the Criminal Appeal No. 3300 of 2013 against the judgement and order dated 22.6.2013 passed by learned Addl. Sessions Judge, Court No. 16, Agra in S.T. No. 1026 of 2009 connected with S.T. No. 460 of 2010 whereby the appellants have been convicted under sections 302/34 and 323/34 IPC, they have been sentenced to undergo life imprisonment with a fine of Rs. 5,000/- each under section 302/34 IPC and to undergo one year R.I. with a fine of Rs. 500/- each under section 323/34 IPC. The appellant Ramji Lal has moved the bail application in his appeal and the appellants Achal Singh and Anil have moved their bail application in their appeal separately. Now both the bail applications are being disposed of by a common order.

(3.) It is contended by learned counsel for the appellants that the FIR of this case has been lodged by P.W. 1 Lala Ram on 27.7.2009 at 9.15 P.M. in respect of the incident allegedly occurred on 27.7.2009 at about 6.30 P.M. alleging therein that the deceased Sri Krishan had gone to his Sasural in village Gudha, as soon as he reached to village Gudha, the appellants armed with country made pistols, hurled the abuses came there and discharged the shots towards the deceased, consequently he sustained injuries on his head and chest. In his rescue Natthi Lal P.W. 4 and Lakshmi P.W. 2 came there, they were also assaulted. P.W. 4 Natthi Lal sustained gun shot injuries on his head and P.W. 2 Smt. Lakshmi sustained gun shot injury on her neck. The first informant got the information of this incident on telephone, he came to the place of the incident and went to the police to lodge the FIR. The FIR was lodged under sections 307, 504, 352 IPC but during treatment the injured Shri Krishan succumbed to his injuries, thereafter the case was converted under section 302 IPC.