MUKUT SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.B.L. Gour, Senior Advocate assisted by Sri Saurabh Gour, learned counsel for the applicants/appellants, Sri Rama Shankar Mishra, learned counsel for the informant and learned A.G.A. for the State.

(2.) By means of this application, Mukut Sharma, appellant in Criminal Appeal No. 6279 of 2016 and Sanjay Sharma, appellant in Criminal Appeal No. 6387 of 2016, who have been convicted and sentenced to imprisonment for life and a fine of Rs. 20,000/- each and in case of default in payment of fine, six months additional imprisonment u/s 302/34 I.P.C., seven years imprisonment and a fine of Rs. 5,000/- each and in case of default in payment of fine, three months additional imprisonment u/s 307/34 I.P.C., two years imprisonment each u/s 506 I.P.C., two years imprisonment and a fine of Rs. 3,000/- each and in case of default in payment of fine, one month additional imprisonment u/s 25 of Arms Act, in Sessions Trial No. 1185 of 2006 (State Vs. Sanjay Sharma and another) arising out of Case Crime No. 208 of 2006 u/s 302/34, 307/34, 506 I.P.C., Sessions Trial No. 1241 of 2006 (State Vs. Sanjay Sharma) arising out of Case Crime No. 216 of 2006 u/s 25 of Arms Act and Sessions Trial No. 1242 of 2006 (State Vs. Mukut Sharma) arising out of Case Crime No. 217 of 2006 u/s 25 of Arms Act, P.S.- Shikarpur, District- Bulandshahr, are seeking enlargement on bail during the pendency of this appeal before this Court.

(3.) It is contended by Sri A.B.L. Gour, Senior Advocate appearing for the applicants/appellants that as per the allegations made in the F.I.R. (Ext.Ka.1) which was lodged by P.W.1 informant Veerpal Sharma son of Soranlal Sharma, resident of village- Aacharu Kala, P.S.- Shikarpur, District- Bulandshahr, on 24.08.2006 at 8.30 a.m., appellants Mukut Sharma and Sanjay Sharma had fired shots from their firearms at his son Neeraj Sharma which had hit him on the right side of his chest and his hand while co-accused Bhola had caught hold of him and as a result of the gunshot injuries received by his son Neeraj Sharma, he had died on the spot.