ANIL Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Apul Misra, learned counsel for the appellants, Sri A.N. Mulla assisted by Sri Arun Kumar Pandey, learned AGA for the State, Sri Mohit Kumar, learned counsel for the first informant and perused the record.

(2.) Both the appeals have been filed against the same judgment and order dtd. 31/1/2014 passed in Sessions Trial No. 810 of 2008 arising out of Crime No. 530 of 2008 under Sec. 148, 452, 302/149, 307/149, 506 I.P.C.; Session Trial No. 811 of 2008, arising out of Crime No. 545 of 2008 under Sec. 25 Arms Act and Sessions Trial No. 814 of 2008 arising out of Crime No. 539 of 2008 under Sec. 25/27 Arms Act, Police Station Deoband, District Saharanpur by which appellants were convicted and sentenced under Sec. 302/149 for life imprisonment and fine Rs.20,000.00 for each and in default of payment of fine one year additional imprisonment; under Sec. 307/149 ten years rigorous imprisonment and fine Rs.10,000.00 for each in default of payment of fine one year additional imprisonment. Appellant Adesh @ Kala was also convicted and sentenced under Sec. 25/27 Arms Act for a period of three years rigorous imprisonment and fine Rs.5,000.00 in default of payment of fine six months additional imprisonment.

(3.) Facts in brief are that on 22/8/2008 the informant Gita Ram was talking to Pradhan Rampal Singh in front of the shop of Surendra. In the mean time Raj Kumar came there and started abusing him. He after pacifying him tried to send him to his house but at about 6 'o' clock, he alongwith his family brother Bhushan and Kaku @ Jitendra armed with licensee gun and pistol; Adesh @ Kala having licensee gun of his father, Pramod, Titu, Anil and Raj Kumar having pistols came into his Gher and started firing on him. He cried for rescue on which Mahipal, Anuj, Babu Ram and other persons from the village came there. The accused persons opened firing with intention to kill them causing injuries to Mahipal, Babu Ram, Anuj and Raj Kumar. They sustained injuries. This incident was witnessed by Raj Kumar, Bhopal, Sonu and others who tried to rescue the life of the informant. He took the injured persons to police outpost with the help of villagers on a tractor/trolley. On the basis of written tehrir by informant Gita Ram, First Information Report was lodged on 22/8/2008 at 18:40 p.m. Later on injured Mahipal succumbed to injuries. The investigation of the case was entrusted to outpost Incharge Adesh Kumar.