RAKESH TIWARI,J. - (1.) IN the cause list names of Sarva Sri Apul Mishra, N.I. Jafri and P. N. Mishra, Sr. Advocate, as counsel for the appellants are shown but Sri Apul Mishra on his own behalf and on behalf of Sri P.N. Mishra states that they have no instructions to argue the appeal, Sri N.I. Jafri did not appear, therefore, we appointed Sri Fanish Mishra as Amicus Curiae for the appellants for final hearing.
(2.) THE appellants have preferred this criminal appeal challenging the validity and correctness of the impugned judgment and order dated 19.08.2004 in S.T. No. 337/1997 connected with S.T. No. 338/1997 whereby the learned trial Court has convicted appellant Ashok Kumar under section 302 IPC and section 25 (1)(kha) of Arms Act, sentencing him to imprisonment for life and three years R.I. respectively. Both the sentences have been directed to run concurrently. Appellant No.1 Ashok Kumar is serving out this sentence in jail at present. The court below has also convicted the appellant no. 2 Chhakori Pathak under section 30 of Arms Act and sentenced him to the period already undergone by him. The facts culled out from record are that on 03.06.1997 informant Prem Pratap submitted a written report in police station Kotwali Tundla, District Firozabad alleging that Daman Pratap @ Kallu and real brother of the informant was on friendly terms with one Laturi of his mohalla and that accused Ashok Kumar Pathak did not like their friendship. On 03.06.1997 at about 8.00 A.M. accused Chhakori came to the house of his brother namely, Daman Pratap @ Kallu and took him to his shop, where the other accused Ashok Kumar Pathak was already standing there with his D.B.B.L. Gun. On seeing Daman Pratap @ Kallu, he fired two shots upon him from the aforesaid gun, who on receiving gun shot injuries fell down. Thereafter the accused fled away from the scene with his firearm.
(3.) IT was stated in the written report that apart from the first informant other residents of Mohalla namely � Ashok Kumar Rawat, Sushil Yadav and Dr. Radha Charan had also witnessed the occurrence. On the basis of written report of the complainant criminal case crime no. 213/1997 was registered against the accused under section 307 IPC and section 30 of the Arms Act in P.S. Tundla on 03.06.1997.;