AVINASH CHAUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeals, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 29.03.2012 passed by the Additional Sessions Judge/Special Judge E.C. Act, Meerut, in Sessions Trial No.295 of 2008, arising out of case crime no.350 of 2007 under Sections 302/34 IPC, Police Station Medical, District Meerut, whereby the accused appellants have been sentenced to life imprisonment coupled with fine Rs.25,000/each, and default stipulates one year additional simple imprisonment under section 302/34 IPC.

(2.) Heard Sri V.P. Srivastava, Sri Kamal Krishna, leaned Senior Advocates assisted by Sri Manju Rani Chauhan and Sri Ghanshyam Das, learned counsel for the appellants, Sri Amit Daga, learned counsel for the complainant and Sri Awadesh Narain Mulla, learned AGA assisted by Sri Saghir Ahmad and Ms. Manju Thakur, learned AGAs for the State and perused the record of this appeal.

(3.) The facts of this case as unfolded in the first information report appear to be; that the first informant, Santosh Kumar Srivastava, Senior Jail Superintendent, Meeurt, lodged a written report with Police Station Medical, District Meerut on 07.08.2007 at 7:45 p.m. regarding the occurrence which took place 07.08.2007 at 6:30 p.m. to the effect that Narendra Dwivedi, Deputy Jailor, District Jail Meertu has been shot by some unknown person at Spenser Mall, near Jail Chungi at 6:30 p.m. thus injuring him seriously, who expired on the way while being taken to the hospital. Prayer was made for taking appropriate action. This written report is Ext. Ka-1.