RAMESH AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shiv Nath Singh, learned Senior Advocate assisted by Sri Sheo Ram Singh and Sri Rajesh Kumar, learned counsel for the appellant as well as Sri Mayank Mishra, learned Brief Holder for the State and perused the record.

(2.) This criminal appeal has been preferred by appellants Ramesh and Vikramaditya alias Dhelai under Section 374(2) Cr.P.C. against judgment and order dated 23.1.2008 passed by Additional Sessions Judge, Fast Track Court No. 4, Azamgarh passed in Session Trial No. 82 of 2001(State vs. Ramesh and another) arising out of Case Crime No.10 of 1998, Police Station Maharajganj, District Azamgarh whereby Ramesh and Vikramaditya @ Dhelai were convicted under section 307/34, 325/34, 323/34, 504 IPC and sentenced to six years imprisonment with fine of Rs.2000/- each under section 307/34 IPC,three years' imprisonment with fine of Rs.1000/- each under section 325/34 IPC, six months' imprisonment each under section 323/34 IPC and six months' imprisonment each under section 504 IPC. In default in deposition of fine, they have to undergo additional six months' imprisonment. All the sentences shall run concurrently.

(3.) In the nutshell, according to prosecution case, FIR was lodged by Nagdu Yadav against four persons namely Ramesh Yadav, Vikramaditya @ Dhelai, Kamla Yadav and Chandi Pandey alleging that on 28.11.1998 at 5 P.M. on exhortation of Kamla Yadav, Ramesh opened fire at complainant which hit on his hand; Vikramaditya @ Dhelai and Chandi Pandey assaulted him with sticks(lathi). Witnesses Jagdish Yadav, Ram Naresh and other family members saw the incident and tried to save the complainant. Initially NCR No. 205/98 was lodged under section 323, 504 IPC on 29.11.1998.