RAJPOOT Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal has been preferred by accused-appellant Rajpoot alias Poota against judgment and order dated 19.04.2011 passed by Additional District and Sessions Judge, Court No. 1, Mainpuri in Session Trial No. 265 of 2009 arising out of Case Crime No. 193 of 2009 (State of U.P. v. Rajpoot alias Poota), under Sections 307 and 323 I.P.C., Police Station Kishani, District Mainpuri convicting and sentencing accused-appellant for the offence under Section 307 IPC with rigorous imprisonment for seven years and also fine of Rs. 15,000/- and for the offence under Section 323 IPC with rigorous imprisonment for one year and also fine of Rs. 2,000/- with default stipulation. All sentences were directed to run concurrently.

(2.) Prosecution story, in nutshell, as unfolded by Manoj Kumar son of Ram Sewak, resident of Pirthvi Pur, P.S. Kishani, District Mainpuri in written report Ext. Ka-1, is that on 21.03.2009 informant's brother Dilip Kumar alias Tinku, Shishu Pal son of Siyaram and Vinod Kumar son of Narain Singh R/o Prithvipur, Police Station Kishani, District Mainpuri had gone for fishing in the river Arind. At about 12:30 hours when aforesaid persons were busy in fishing, accused-appellant Rajpoot alias Poota armed with country made pistol along with Amod Kumar came there and objected them from fishing. Due to this reason, hot talk took place between them and thereupon accused-appellant opened fire upon Dilip Kumar with intention to kill him which hit in the hand of Dilip Kumar. Both accused caused marpeet to Shishu Pal also. Written report Ext. Ka-1 further shows that both accused had also quarrelled earlier with injured person. Injuries were also sustained by Dileep Kumar and Shishu Pal.

(3.) On the basis of written report Ext. Ka-1, chik F.I.R. was registered at police station concerned against the present appellant and one Amod Kumar at Case Crime No. 193 of 2009, under Sections 307 and 323 I.P.C. G.D. entry was also made on the basis of chik FIR at the same time in general diary. Investigation commenced. On 10.06.2009, accused-appellant was arrested along with one country made pistol and two cartridges recovered from his possession. Keeping the recovered weapon in sealed bundle and preparing sample seal, recovery memo was prepared as Ext. Ka-6. It also appears that on 21.03.2009 itself on the basis of majroobi chithi of police station concerned, injured Dileep Kumar was medically examined. The injury report is Ext. Ka-2.