RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) KHEM Karan, J. Rajesh Kumar has been convicted under Section 307 and sen tenced to R. I. for four years and Bhagwan Din has been convicted under Section 307/34 and sentenced to four years R. I. by the HIrd Addl. Sessions Judge, Unnao, vide his judgment and order, dated 3-9-1985 delivered in Session Trial No, 322 of 1984. It is against this judgment and order that the present appeal has been filed by the two appellants.

(2.) THE prosecution case was that on 8-10-1983 at about 6 p. m. while the injured Abdul Raseed was sitting at the betel shop of one Putan, in front of the State Bank, Ganga Ghat, that these two appellants, accompanied by Mahesh Kumar and Sariya alias Amrat Lal reached there and on the exhortation of Bhagwan Din, Rajesh fired country-made pistol at Abdul Raseed, as a result of which he sustained injuries on his back. THE incident of firing was allegedly witnessed by Jalil Ahmad, Bashir Ahmad and Abdul Hameed. After necessary investigation, police submitted a charge- sheet in the Court of Magistrate and the latter committed the case to the Court of Sessions.

(3.) THE learned Addl. Sessions Judge came to the conclusion that involvement of Mahesh and Amrat Lal was not proved beyond reasonable doubt as there was no overt act on their part, so he acquitted both of them. He, however, concluded that the charges framed against Rajesh Kumar and Bhagwan Din were well-established from the evidence on record, so he convicted these two accused and sentenced them, as stated above.