MASTER ARAKH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Avinash Mani Tripathi, learned counsel for the appellant and Shri Saghir Ahmad, ,learned A.G.A. for the State respondent and perused the record.

(2.) Under assail in the present appeal is the judgment and order dated 28.1.2011 passed by Additional Sessions Judge, Court No.5, District Fatehpur, in S.T. No. 744 of 2006, State Vs. Master Arakh, whereby the appellant has been convicted under section 302/34 I.P.C. and sentenced to rigorous life imprisonment and fine of Rs. 10,000/-. In default of payment of fine to undergo additional imprisonment of six months, further convicted the appellant under section 307 read with section 34 I.P.C. and awarded sentence of rigorous imprisonment for five years and fine of Rs. 5000/-. In default of payment of fine to undergo additional imprisonment of three months and further convicted under section 201 I.P.C. and sentenced to undergo three years rigorous imprisonment and fine of Rs. 5,000/-. In default of payment of fine further undergo three months additional imprisonment. All the sentences to run concurrently.

(3.) Shorn of unnecessary details, the prosecution story as set out in the F.I.R. is that on 6.7.1994, the first informant alongwith his brother Narsingh Dev were proceeding towards Anjhi from Fatehpur where his sister is said to have been married. It is further alleged that four members of the Gang of Lala alias Dharmendar Singh were done to death on the basis of information given by him to the police, on account of which the said gang used to bear animosity against him. It is further alleged that at about 8.30 p.m. in the night, when he alongwith brother Nar Singh Dev reached near the bridge of the canal then four persons namely, Lala alias Dharmendar Singh, Pujari alias Chauhan alias Ram Swaroop, Jagannath and Master Arakh opened fire upon them due to which he sustained injury on his left leg and the shot fired by them also hit his brother Narsingh Dev. On alarm being raised, number of persons of the vicinity lightening torch reached at the place of incident, due to which the miscreants made their escape good. The informant is also alleged to have run away with his torch. It is further stated that in the torch light he had seen and identified the miscreants . His brother Nar Singh Dev is also present at the place of incident and his condition is not known to him.