AMIT KAUSHIK Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 16.2.2005 passed by the Sessions Judge, Baghpat, in S.T. No. 396 of 2004, State Vs. Amit Kaushik, convicting the appellant under section 307 I.P.C. and sentencing him to undergo ten years rigorous imprisonment and a fine of Rs. 15,000/- and in case of default in payment of fine to undergo two years further simple imprisonment.

(2.) Heard Ms. Vatsala Pandey, learned Amicus Curiae and Sri Ram Raj Pandey on behalf of the appellant and learned AGA for the State. Perused the record.

(3.) The facts in brief are that on 10.6.2004 at 4.00 P.M. a first information report was lodged by one Manoj Kumar stating therein that at 3.00 P.M. on the same day one boy, in an injured condition came running towards him and informed that his friend Amit, with whom he had come from Shamli, had taken him to Gurana Gate and he had inflicted gunshot injuries on him.