DHARMANAND AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Maneesh Kumar Singh, learned counsel for the appellant, Ms. Ruhi Siddiqui, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in this appeal is the judgment and order dated 3.1.2012 passed by learned Additional Sessions Judge, Court No. 1, Barabanki in Sessions Trial No. 372 of 2002 arising out of Case Crime No. 98 of 2002, Police Station Asandra, District Barabanki whereby all the appellants were convicted and sentenced as under: - -

(3.) In brief the case of the prosecution was that on 30.6.2002, all the appellants armed with lathi, danda and country -made pistol, due to the enmity of election of Village Pradhan, started abusing the complainant side. Complainant Ram Manohar and his brother Kaushal Prasad asked them to stop abusing them. Thereafter all the accused persons started giving blows of lathi and danda to the complainant side and appellant Dharmanand, who was armed with country -made pistol, fired on the complainant and also exhorted to kill them. Because of the fire of country -made pistol, the complainant received injuries in his leg and he also received injuries of lathi on his head. Kaushal Prasad, brother of the complainant also sustained serious injuries and became unconscious on the place of occurrence. When the persons of the village rushed to save them then the appellants ran away from there extending threats of dire consequences.