MUKESH & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sharad Kumar, learned counsel for the appellants and Sri L.D. Rajbhar, learned A.G.A., for the State.

(2.) This appeal is directed against the judgment and order dated 24.12002 passed by learned Additional Sessions Judge, Court No. 14, Ghaziabad in S.T. No. 158 of 2001 (State Vs. Mukesh and others) whereby accused/appellants Mukesh, Surendra and Pradeep were convicted for the offence punishable under Sections 307/34 Indian Penal Code (hereinafter referred to as 'IPC') and were sentenced to rigorous imprisonment for a period of 10 years and to pay fine of Rs. 5,000/- each and in default of payment of fine a simple imprisonment for another six months.

(3.) Brief facts of the prosecution case are that on 28.02.2000 at about 6:00 PM informant's brother namely Babu Singh was sitting at his shop and at that time accused appellants came on scooter and motorcycle. Appellant Pradeep was on motorcycle and appellants Mukesh and Surendra were on scooter. As and when, informant's brother see the accused persons, appellant Pradeep resident of Chhaparwal with object to kill opened fire by Stengun on him. Thereafter, informant's brother went on the roof, then appellants Mukesh and Surendra both opened fire by pistol towards roof, of which one cartridge had been recovered from the spot. Accused-appellants fled away from the spot by making fire. Wife of informant's brother i.e. Shushma, his brother Devendra Singh and Sukrampal were also present on the spot.