Naheed Ara Moonis, J. - (1.) HEARD Sri Viresh Mishra, learned senior Advocate assisted by Sri Mukhtar Alam and Sri Pankaj Bharti and Sri N.I. Jafri appearing on behalf of the opposite party and has taken through the record.
(2.) THE instant appeal has been preferred on behalf of the Appellants against the judgment and order dated 5.3.2011 passed by Special Additional Sessions Judge Muzaffar Nagar in Sessions Trial No. 453 of 2005 under Sections 147/148/307/149 IPC whereby the Appellants were convicted and awarded maximum sentence of ten years rigorous imprisonment with fine of Rs. 5,000/ -against each . All sentences were directed to run concurrently . This matter is now being pressed for consideration of bail during the pendency of appeal. The prosecution case as set up in a conspectus is that on 23.2.2002 at about 5.00 'O' clock accused Jumedin and Shakir were trying to have electric connection by putting cable in front of the house of complainant's nephew . Gaiyur ,the nephew of the complainant and Nasib Ali, the grand son of the complainant forbade them from taking illegal electric connection which caused great infuriation and wrath to Jumedin and Shakir. Jumedin and Shakir proceeded towards their house threatening Gaiyur and Nasib Ali to bear dire consequences. After awhile, accused persons Jumedin, Tahir, Umarjan , Ismail alias Kalloo, Shakir , Shakoor and Aiyub equipped with country made pistol, sphere ,lathi and danda attacked upon Gaiyur, and Nasib with respective weapons. Hearing the sound of firing and also shriek of the injured ,the complainant and other persons reached on the spot . Gaiyur and Nasib sustained fatal injuries hence both of them i were taken to the Government Hospital Muzaffar Nagar . The injuries of Nasib and Gaiyur were examined by Dr. Narendra Kumar (P.w.5). The injured Gaiyur was operated on the same day i.e. 23.2.2002 by doctor V.P. Singh (P.W.4) . According to the opinion of the doctor, injuries caused to the victim Gaiyur were dangerous to his life.
(3.) THE first information report with respect to the said incident was registered by Ishaq P.W.2 on 24.2.2002 at about 8.00 'o' clock vide Case Crime No. 45 of 2002 under Sections 147/148/149/307 IPC. The investigating officer took up the investigation and collected credible and convincing evidence n the basis of which charge sheet was submitted against all the accused persons. The prosecution had examined injured witness Gaiyur as P.W.1 who had specifically assigned the role of causing fire arm injury to him by the accused Tahir and Jumedin. It was specifically stated by Gaiyur P.W.1 that accused Tahir had fired upon him which hit on his leg and neck while accused Jumedin had fired on his abdomen and other accused Umarjan had given a below from spear causing injury on his abdomen. Ismail alias Kalloo, Shakoor and Aiyub armed with lathi assaulted him and Nasib Ali. The incident had taken place in front of his house . The complainant and Abdul were examined as P.W.2 and 3 who were the eye witnesses and supported the prosecution case.;