Naheed Ara Moonis, J. - (1.) Admit.
(2.) THE instant appeal has been filed on behalf of the Appellants against the judgment and order dated 1.9.2010 passed by the Additional Sessions Judge Court No. 5 Budaun whereby the Appellants were convicted and sentenced to undergo five years rigorous imprisonment with a fine of Rs. 1000/ - under Sections 307/34 IPC vide Sessions Trial No. 606 of 2007. In default of payment, the Appellants were directed to serve out three months further imprisonment. According to the prosecution case, Appellants came at the residence of the complainant and borrowed Rs. 150/ -. After some time the Appellants came to the complainant after drinking liquor and began to hurl abusive and vituperative languages. The complainant proscribed the Appellants from using the filthy words. The Appellants were infuriated and lost their temper as a result of which they fired from their respective weapons. The complainant was hit by the bullet of the Appellant No. 1 Virendra . On the alarm and shouting of the opposite party No. 2 a number of persons gathered and the Appellants disappeared threatening the complainant.
(3.) IT is contended by the learned Counsel for the applicants that it is a case of single fire. There is great inconsistency in the prosecution version. The alleged witnesses are yes men of the complainant. Specific role has been assigned to Virendra, the Appellant No. 1. The applicant No. 2 has only been roped because he is said to have accompanied with the Appellant No. 1. The Appellants were on bail during trial. They had not misused the liberty of the bail. There is no possibility of appeal being heard in near future.;