HIMANCHAL & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and punishment dated 07.11.2006 passed by Additional Sessions Judge/ F.T.C., Court No. 3, Shahjahanpur in S.T. No. 699 of 1999 (State v. Himanchal & Others) under Section 307, 302 IPC in case crime no. 431/1998, p.s. Sadar Bazar, Shahjahanpur. By this judgment each of the two accused-appellants have been convicted for charges under sections 302/34 IPC and sentenced to imprisonment for life and fine of Rs. 4000/- (in default of payment additional imprisonment for four years).

(2.) The prosecution case in brief is that on 29.08.1998 at about 4.00 p.m., Ganga Ram and Babbal caught hold of Rakesh Kumar Rathaur (husband of informant Smt. Somwati) and the accused Himanchal (brother of Rakesh Kumar) fired on the thigh of Rakesh due to which he was seriously injured. Then Rakesh Kumar was admitted in the hospital. During his treatment Rakesh Kumar died due to shock of fire arm injury and septicemia.

(3.) Victim's wife Somwati (PW-1) lodged the FIR on the basis of which case crime number 431/1998 was registered. After completion of investigation a charge-sheet was submitted against the said three accused named in the FIR, on the basis whereof Sessions Trial No. 699/1999 was held against the said three accused. During trial one accused Ganga Ram died. The remaining two accused appellants were charged for offences u/s 302/ 34 IPC. After conclusion of the trial these two accused (appellants Himanchal and Babbal) were convicted and punished as above for offences u/s 302 read with 34 IPC. The judgment of the court below is under challenge in present appeal.