SHYAM GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Criminal Appeal has been directed by the accused appellant Shyam Gupta against the judgment and order dated 15.1.2011 passed by the Additional Sessions Judge/Fast Track Court No. 1, Farrukhabad in Sessions Trial Nos. 311 of 2008 and 313 of 2008 State Vs. Shyam Gupta pertaining to Crime No. 449 of 2008 and 450 of 2008 whereby the trial court has convicted and sentenced the accused appellant for the offence under Section 307 IPC to undergo 10 years' rigorous imprisonment and a fine of Rs. 10,000/- and for the offence under Section 25/27 Arms Act to undergo 3 years' rigorous imprisonment and a fine of Rs. 5,000/-, for 7 Criminal Law Amendment Act 6 months imprisonment and a fine of Rs. 500/-. All the sentences have been ordered to run concurrently. In default of payment of fine to undergo additional imprisonment was also ordered.

(2.) The prosecution story in nutshell is as follows :

(3.) Written report (Ext. Ka-1) was moved at the police station concerned by the informant Ram Prakash Kaushal mentioning therein that on 23.5.2008 at about 9 A.M. informant's son Sanjeev Kumar Kaushal alias Shyamu was opening his shop in the chowk market. Shop of Samosa Kachauri (Light Refreshment) belonging to the appellant was also situated in the same locality. Rs. 1,400/- was due against Shyam Gupta of Sanjeev Kumar. On 22.5.2008 Sanjeev Kumar had demanded the amount from Shyam Gupta. Due to this reason the accused appellant at 9 AM came to the shop of Sanjeev Kumar and started abusing and stated that you are making demand of money regularly and he will see today. Saying this the accused appellant took out country made pistol from his body and opened the fire upon Sanjeev Kumar with the intention to kill him. Sanjeev Kumar received injuries and fell down on the earth. The incident was witnessed by Ram Babu Agnihotri son of Sohan Lal and Rajeev Kumar and other people present there. Again accused appellant Shyam Gupta made fire in the air and threatened that if anyone dare to give evidence against him he will also face the same consequences. People ran away from the place of occurrence leaving their shoes and slippers at the place of occurrence. Some people came forward and apprehended the accused appellant on the spot. One country made pistol of 315 bore and one dead and two live cartridges were also recovered from his possession.