KISHORI Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Rajesh Kumar Dwivedi, learned Amicus Curiae for the appellant and Mr. Mohd. Yusuf Ansari, learned AGA for the State were heard at length.

(2.) This jail appeal has been preferred by appellant Kishori challenging the judgment and order dated 24.02.2010 passed by Additional Sessions Judge, Court No.9, Barabanki, in Sessions Trial Nos. 18 of 2008 and 17 of 2008, which were tried together, arising out of Case Crime No.133 of 2007, Police Station Satrikh, District Barabanki, whereby the present appellant Kishori was convicted for the offence under Section 302 read with Section 34 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.10,000/- with default stipulation of one year's rigorous imprisonment. He was further convicted for the offence under Section 3/25 of the Arms Act and was sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs.2,000/- with default stipulation of two months' additional rigorous imprisonment. Both the sentences were directed to run concurrently.

(3.) In brief, the case of the prosecution was that complainant Raju lodged a first information report at Police Station Satrikh District Barabanki on 10.05.2007 at 04.00 AM alleging therein that his cousin Munna son of Panchu had eloped with the wife of appellant Kishori due to which Kishori was nursing grudge against him and he had asked Munna for return of his wife failing which he will have to face the consequences. Munna did not return his wife and because of the said enmity in the night at about 01.30 AM when Munna was sleeping outside his house on a cot, Kishori fired on him due to which he suffered serious injury. Hearing the noise of fire, some other persons, who were sleeping near the deceased, got up and they had seen Kishori armed with country made pistol (Tamancha) in the moon light. Injured Munna was taken to the police station and the first information report of this case was lodged. After registration of the case, injured Munna was sent to district hospital Barabanki where he was medically examined on 10.05.2007 at 04.35 AM and the following ante-mortem injuries were reported by the doctor on his person:-