BHOOKAN Vs. STATE OF U P

JUDGEMENT

(1.) These appeals have been preferred against the common judgment dated 26.09.2013 and order dated 27.09.2013, passed by the learned Additional Sessions Judge Court No.1, Jyotibaphule Nagar, in Session Trial Nos. 25/2011, P.S. Rajabpur, District Jyotibaphule Nagar, whereby the appellants Bhookan, Vishesh, Rajendra and Dinesh @ Sanwa have been convicted under Sections 302/34 and Section 452 of IPC. They have been sentenced to life imprisonment along with fine of Rs. 10,000/- each under Section 302/34 of IPC and in default of the payment of fine they have to undergo one month additional imprisonment. Similarly, they were sentenced to five years rigorous imprisonment along with fine of Rs. 5,000/- each for the offence under Section 452 of IPC and in default of payment of fine they have to undergo six months additional imprisonment. Both the substantial sentences are to run concurrently. .

(2.) The case of prosecution is that on account of Pradhan election enmity, on 20.08.2010 at about 8:00 PM, while complainant Pawan Kumar and his mother were sitting at their house and his father Bhorendra Singh was going to close main gate of the house, appellant-accused Bhookan Singh, Rajendra Singh, Dinesh and Vishesh trespassed into the house of complainant making exhortation that they would kill Bhurendra (deceased) and made indiscriminate firing at Bhurendra. The deceased sustained two bullets and he fell down. When the complainant and his mother raised alarm, all the four accused persons ran away. Injured Bhorendra was taken to Sai Hospital, Moradabad but after midnight he was referred to Fortis Hospital Noida. The complainant reported the matter to police on 21.08.2010 by submitting written tahreer Ex. Ka-9 at the police station and consequently case was registered on 21.08.2010 at 13:15 hours under Sections 452 and 307 of IPC against all the four accused persons vide FIR.Ex. Ka-22.

(3.) The deceased was medically examined at Sri Sai Hospital, Moradabad vide MLC Ex.Ka.2 and following injures were found on his person: