Naheed Ara Moonis, J. - (1.) HEARD learned Counsel for the Appellants and learned AGA and have taken through the record.
(2.) THE instant appeal has been filed on behalf of the Appellants against the judgment and order dated 21.7.2010 passed by Additional Sessions Judge/Fast Track Court No. 4 District Shahjahanpur whereby the Appellants were convicted and sentenced to undergo ten years rigorous imprisonment under Section 307 IPC vide Sessions Trial No. 979 of 2002. The Appellants were further directed to serve out the sentence of two years under Section 504 IPC. Both the sentences were directed to run concurrently. It is submitted by the learned Counsel for the Appellants that initially three persons namely Rajvir, Latoori and Prakash were charge sheeted and prosecuted by the trial Court. The trial Court has not found any material against the co -accused Ram Baran, Matadeen and Munesh. They have been acquitted for the offence under Sections 148/307/149/504 IPC whereas the Appellants were convicted for the offence under Sections 307/504 IPC. According to the prosecution case, all the accused persons were assigned the role of firing as a result of which complainant's brother and sister in law sustained injuries. There was no specific role to any accused person. Trial Court had drawn wrong inference against the Appellants by convicting the Appellants and acquitting the other co -accused . The statement of wife of the complainant's brother was not recorded though she was medically examined whereby it is not clear as to who had sustained injuries in the said incident. There is great inconsistency in the prosecution version and the statement of the injured. The incident had taken place at the spur of moment on account of dispute between the children on the occasion of Diwali.
(3.) PER contra learned AGA opposed the bail prayer of the Appellant and contended that the incident was narrated in the natural manner. There is no embellishment in the prosecution version. It is an admitted fact that incident had taken place and three persons had sustained injuries. The Appellants have been assigned specific role of firing at the complainant's brother and his sister in law. The trial Court has rightly convicted the Appellants on the basis of material evidence available on record. In case the Appellants shall be released on bail, they will misuse the liberty of bail.;