VEENESH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.03.2010 passed by learned Additional Sesssions Judge/Fast Track Court No. 3, Firozabad in Sessions Trial No. 587 of 2006 (State v. Veenesh) arising out of Case Crime No. 47 of 2006 whereby accused-appellant Veenesh was convicted under Section 307 of Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to rigorous imprisonment for a period of four years and to pay fine of Rs. 1000/- and in default of payment of fine, rigorous imprisonment for further one year.

(2.) The brief facts of prosecution case, as discernible from record, are that on 29.03.2006 at about 02.30 P.M., complainant Bhoore Singh, along with his son Vinod Singh and grandson Somendra was going to the market by his bicycle. As they reached about one kilometre from his village, appellant Veenesh and co-accused Ramprakash came from the plums of shrub and exhorted complainant's son Vinod Singh. Veenesh fired a single shot, due to which Vinod Singh sustained injury on the left side of his chest. Just after that, Ramprakash also fired, which hit on the right side of his chest, due to which Vinod Singh fell down on the ground. On alarm being raised, one Brijendra s/o Lakhan Singh and Naresh s/o Sauraj Singh arrived on the spot. On seeing them, the accused fled away from the spot. Injured Vinod Singh was sent to S.N. Medical College and Hospital, Agra where he was medically examined at about 06.00 P.M.

(3.) On the same day of the occurrence at 08.05 P.M., on the written information of complainant/informant Bhoore Singh, a first information report against the appellant Veenesh and co-accused Ramprakash was lodged at Case Crime No. 47 of 2006 under Section 307, 504 IPC at Police Station- Eka, District- Firozabad. Thereafter, investigation of the case was started.