RAJESHWAR AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri H.C. Tiwari Advocate assisted by Sri Bharat Singh, learned counsel for the appellants and Sri J.K. Upadhyay, learned AGA for the State.

(2.) This appeal is directed against the judgment and order dated 24.4.2013 passed by Additional Session Judge, Court No. 5, Shahjahanpur in S.T No. 355/2008 (State Vs. Rajeshwar and another) by which the appellant no. 1, Rajeshwar (A1) has been convicted and sentenced to imprisonment for life and a fine of Rs. 10,000/- and in default of payment of fine, six months additional rigorous imprisonment under Section 302 IPC while appellant no. 2, Lala Ram has been convicted and sentenced to six months imprisonment under Section 30 of the Arms Act.

(3.) Briefly stated the facts of this case are that P. W. 1 (informant) Madan Pal Singh gave a written report Ext. Ka1 at P. S. Madnapur, District Shahjahanpur on 25.11.2006 at about 2 P.M. alleging therein that on the same day at about 2 P.M. a quarrel had taken place between his elder brother, Ram Kripal Yadav who is blind and the accused-appellants, (A1) Rajeshwar and (A2) Lala Ram when they had come to the house of Ram Kripal Yadav and demanded their share in his land which was under the cultivation of the informant and his son for the last more than 10-12 years. Upon hearing the noise, informant's son, Rakesh (deceased) went to the house of Rajeshwar and inquired from them why he was quarreling with his uncle on which (A1) Rajeshwar and his father A2 (Lala Ram) started fighting with Rakesh which attracted the informant, his son Ram Kishan and his daughter Sita Devi to the place where the altercation was taking place and tried to pacify (A1) Rajeshwar and his father (A2) Lal Ram. In the meantime, (A1) Rajeshwar brought his father's licensed gun and on reaching in front of the main door of the informant's house, he fired twice at his son Rakesh inflicting gun shot injuries on his neck and face. In the incident, Km. Sita Devi who was standing nearby had also received firearm injuries on her cheek and ear. He took his son Ram Kishan to the hospital but Rakesh died on the way. Thereafter, he went to the police station along with the dead body of the deceased-Rakesh for lodging the FIR of the incident.