TAHIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Jai Pal Singh, learned counsel for the appellants as well as Shri Rajesh Kumar, learned Additional Government Advocate for the State and perused the record.

(2.) The instant appeal has been preferred by the appellant nos.1 and 2 namely Tahir and Ameen respectively against the judgment and order dtd. 22/1/2008 passed by the Additional Sessions Judge, Room No.2, Barabanki in Sessions Trial No.36 of 2004 (State vs. Tahir And another) arising out of Case Crime No.8 of 2003, under Sec. 307 I.P.C., Police Station Ram Nagar, District Barabanki, whereby the appellants were convicted for the offence under Sec. 307 read with Sec. 34 I.P.C. and were sentenced to undergo for five years rigorous imprisonment along with fine of Rs.2000.00 each with default clause.

(3.) The prosecution case as is emerging from the record is to the tune that on 29/1/2003 an F.I.R. was lodged by the informant Indal Yadav against the named accused persons Tahir and Ameen stating therein that on 29/1/2003 at about 05:00pm. on the basis of prior enmity, the appellant Tahir after taking gun from his brother Ameen has fired gunshots towards the informant/injured which had hit him at left shoulder. On the basis of this, F.I.R. was lodged at 22:30 hours at Police Ram Nagar, District Barabanki and the investigation was entrusted to the investigating officer.