(1.) The aforesaid criminal appeals arising out of the same crime were heard together and are being decided by a common judgment.
(2.) We have heard Shri Pradeep Kumar Tripathi, learned counsel, who appeared for the appellants. Shri Vaibhav Kaliya, learned counsel, on our request, volunteered to assist the Court and was permitted to do so on behalf of the appellants. Shri Umesh Verma, learned Additional Government Advocate appeared for the State. Learned counsel for the parties argued at length and took us through the record.
(3.) According to the prosecution case, on 29/8/2004 an FIR was lodged under Sec. 302/120- B IPC by the complainant, who was the father of the deceased/PW-1-Ashok Gupta, at about 5.25 P.M. stating therein that on 29/8/2004 at around 5.00 P.M., when the complainant along with his daughters namely, Alka, Anita, Aparajita, Anamika and son-Sachin were present at home, at that time the appellants namely, Alok Gupta and Vishal Gupta along with one unknown person knocked the door and on opening the door, they barged into the house having Tamancha in their hands. The three accused persons indiscriminately fired on his daughter namely Aparajita, wife of Ajay Gupta with the intention to kill her while she was sitting with her sisters in the second room. On shouting, they ran away. The neighbours in fear closed their windows and doors. Thereafter, the complainant took her daughter to the Awadh Hospital where the doctor declared her brought dead. Smt. Kalpana Gupta is the first wife of the Ajay Gupta, thus, the present appellants kept enmity with the deceased and her husband Ajay Gupta. After two years of marriage of Ajay Gupta with the deceased, they had kidnapped him and for that the FIR was lodged at Sitapur. The Kalpana Gupta instigated his brothers i.e. the present appellants to murder the daughter of the complainant.