RAKESH Vs. STATE OF U P

JUDGEMENT

(1.) Ms. Manjusha Kapil, learned counsel for the appellant, and Mr. Sharad Dixit, learned AGA for the State, were heard.

(2.) Under challenge in the instant criminal appeal is the judgment and order dated 23.10.2008 passed by Additional Sessions Judge/FTC No.1, Sitapur, in Sessions Trial No.194 of 2005 arising out of Case Crime No.411 of 2004, under Section 302 IPC, Police Station Khairabad, District Sitapur and Sessions Trial No.199 of 2005 arising out of case Crime No.415 of 2004 under Section 27 of the Arms Act, Police Station Khairabad, District Sitapur, whereby the present appellant Rakesh was convicted under Section 302 IPC and was sentenced with imprisonment for life and also with fine of Rs.5,000/- and was further convicted for the offence under Section 27(1) of the Arms Act and was sentenced with three years' rigorous imprisonment and also with fine of Rs.1,000/-. In default of payment of entire fine amount, the appellant was directed to undergo six months' additional imprisonment. Both the sentences were directed to run concurrently.

(3.) In brief, the case of the prosecution was that the complainant Babu got a first information report scribed by Vinod Kumar of his village Adhivasi and lodged the same at the Police Station Khairabad on 20.08.2004 at 1850 hours which was registered under Section 307 IPC alleging therein that on 20.08.2004 his son Ramesh, who was working on the post of Peon in Sacred Heart Degree College, Sitapur, came to the village after duty and went for grazing the buffaloes in the grove of Munuwa Seth. In the said grove, Rakesh (appellant) along with his companions was gambling. Some altercation between the two took place. Ramesh came back from the grove and by the time he was opening the door of the house then at about 06.20 PM appellant Rakesh fired from the roof of his house with the licensed gun of his father which hit on the stomach of Ramesh.