KAPTAN Vs. STATE OF U P

JUDGEMENT

(1.) Both the aforesaid criminal appeals have been preferred against the judgment and order dated 23.12.2005 passed by the Additional Sessions Judge, Kheri in S.T. No.412/2002 whereby the appellant Kaptan and Suresh have been convicted u/s 302 IPC and sentenced to undergo for life imprisonment with fine of Rs.4,000/- and in default further undergo for a period of six months imprisonment.

(2.) As both the above mentioned criminal appeals have been preferred against a common judgment and order, hence the same are being heard and decided together by a common judgment.

(3.) Prosecution story in brief is that the complainant Ram Chandra lodged an FIR by submitting an application Ext. Ka.1 at the concerned police station stating that on 5.12.2001, he along with his son Raj Bahadur were constructing a toilet in the North side of their house. One of his friend Lalta Prasad, S/o Jugunu R/o village Pasgaon was also present at the time of incident i.e. about 5 p.m. in the evening and at that time, accused Kaptan and Suresh, r/o his village also started to construct a wall adjoining to toilet. The informant and his son Raj Bahadur objected the accused-appellant Kaptan and Suresh from constructing wall. On this accused-appellant Kaptan and Suresh took out their country-made pistol and fired at Raj Bahadur. On an alarm raised by them which was heard by one Pratap and Smt. Ramshree wife of informant and other persons came there. Thereafter the accused-appellant Kaptan and Suresh ran away towards their house. The son of the informant died due to fire-arm injury.