RAKESH KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned AGA as well as the learned counsel appearing for the complainant and perused the record.

(2.) THIS criminal appeal has been filed against the judgment and order dated 18.07.2007 passed by Additional Sessions Judge, FTC, Court no.6 District Lucknow by which the appellant has been found guilty for the offence punishable under section 307 IPC.

(3.) AS per the prosecution case, the complainant - Km. Sanno lodged a First Information Report on 11.10.2002 stating that there was some dispute between his brother Pravesh Kumar Yadav and one Surendra Yadav on 10.10.2002 regarding an accident of bicycle. After that, the brother of Surendra Yadav namely Rakesh Yadav and Ram Naresh had come to her home and the matter was resolved. On 11.10.2002, when the complainant along with other family members and relatives were having talks at about 8.15 am, then Rakesh Yadav and Ram Naresh Yadav came from the Motorcycle, which was being driven by Ram Naresh and upon the exhortation of Ram Naresh, Rakesh had caused fire arm injury to Santosh Kumar @ Anil Kumar, upon which his brother tried to ran away but still the bullet had had hit on the back portion of the head and he had fallen down there. Upon alarm, Ram Lakhan Yadav and other came on the spot and the accused persons had ran away towards the Lucknow. The case was registered at case crime no.397 of 2002 on 11.10.2002 for the offence punishable under section 307 IPC.