- (1.) Challenge in this petition is to the judgement and order dated 20.12.2007 passed by Additional Sessions Judge, FTC No.2,Jalaun at Orai in S.T. No.191 of 2002 whereby the appellants were convicted under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 3000/- each with default stipulation of six months further imprisonment.
(2.) The first information report in the instant case was lodged by one Vijay Singh who is father of the deceased on 2.3.1999 at 7.15 p.m. at police station Kotwali Kalpi.
(3.) Shorn of unnecessary details, the brief facts as unfolded from the FIR lodged by one Vijay Singh on 2.3.1999 at 10.30 P.M. at P.S. Kalpi are that on 2.3.1999 at about 7.15 P.M. when Raghvendra Singh, son of the complainant was sitting at the door, accused persons namely, Kripal Singh, Bhupendra Singh alias Bhope and Amar Singh arrived at the scene out of whom Amar Singh and Bhupendra Singh were armed with country made pistol. It is alleged that accused Kripal Singh gave exhortation to eliminate the deceased and acting upon the exhortation, Amar Singh whipped out pistol and fired at Raghvendra Singh. The fire hit Raghvendra Singh in the stomach. It is further alleged that a second shot was fired by accused Bhupendra, which struck the window of the room resulting in breakage of glass panes. The broken pieces of glass, it is alleged, lay scattered on the ground. It is further alleged that the accused persons were challenged and chased by Kharak Singh and Pratap Singh but the accused persons succeeded in making good their escape. Elucidating on motive, it is alleged that relations between them were aggravated on account of old enmity. It is also alleged that Raghvendra Singh was immediately rushed to hospital where-from he was referred to Hospital at Orai. However, he succumbed to injuries on way to Orai.;