KANNA @ CHOTEY Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 31.01.2001 passed by the Vth Additional Sessions Judge, Sitapur in Sessions Trial No.436 of 1994 under Sections 452, 307 and 506 of Indian Penal Code (hereinafter referred to as "IPC") arising out of Case Crime No.53 of 1989 registered at Police Station Machhrehta, District Sitapur convicting the appellant under Section 308 IPC for two years rigorous imprisonment with a fine of Rs.2000/- and further conviction under section 452 IPC sentencing him for two years rigorous imprisonment. It was directed that both sentences will run concurrently.

(2.) On 04.04.1989, on the oral information given by the complainant, Ram Swaroop, the case crime was registered. The allegations against the accused-appellant and others are that Jagdish, Kanna @ Chotte, Nanhu and Ram Ashrey, all sons of Dhani Ram, resident of same village attacked the complainant's family members when they were sitting in their courtyard. It was alleged that Jagdish fired from country made pistol which got missed. Immediately, thereafter Kanna @ Chotte fired from another country made pistol which hit complainant's brother Dalla on the head.

(3.) After investigation, charge sheet was filed and charges were framed against accused-appellant Kanna @ Chotte and Jagdish under Sections 452, 307 and 506 IPC. The Trial Court on considering the evidence, (oral and documentary) on record found the accused-appellant guilty under sections 308 and 452 IPC whereas Jagdish was acquitted of all the charges. The accused-appellant was convicted under section 308 IPC for two years rigorous imprisonment with fine of Rs.2000/-and two years rigorous imprisonment under Section 452 IPC. In the event of failure to pay fine, it was directed that the accused would undergo additional sentence of two months. Both sentences were directed to run concurrently.