GOPAL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal is directed against the judgment and orders dated 30.07.2013 passed by Shri Rakesh Kumar IV, Additional Sessions Judge, Court No.3, Bulandshahr in S.T. Nos.352 of 2011 and 353 of 2011 (State Vs. Gopal Gupta), whereby the appellant has been convicted under Section 307, IPC and Section 25 Arms Act and sentenced to undergo rigorous imprisonment of seven years with fine of Rs.5,000/- and rigorous imprisonment of two years with fine of Rs.2,000/-, in default of payment of fine the appellant has been further directed to undergo rigorous imprisonment for six months and imprisonment of three months, respectively. Both the sentences were directed to run concurrently.

(2.) Heard Shri Ram Behari Saxena, learned counsel for the appellant and Shri Abdul Majid, learned AGA for the State-Respondent and perused the record.

(3.) Learned counsel for the appellant in support of the appeal has very briefly submitted that the learned trial Judge has not appreciated the evidence in proper perspective because investigation was not fair. He has further submitted that case under Section 307, IPC is not made out. At the most the appellant can be convicted under Section 324, IPC and Section 25, Arms Act.