VIJAY PRAKASH PATHAK,J. - (1.) HEARD Shri Satish Trivedi Senior Advocate assisted by Shri Tarun Agarwal advocate and Shri Ajay Pandey advocate, on behalf of the appellants, Shri A.C. Srivastava advocate on behalf of the complainant and learned A.G.A. on behalf of the State.
(2.) THIS criminal appeal is directed against the judgment and order of the Additional Sessions Judge, Court No.4, Ghaziabad dated 23.11.2007 passed in S.T. No.291 of 1997 (State vs. Dharmpal and others) arising out of Case Crime no.93 of 1996, under sections 302/34 I.P.C., P.S. Bahadur Garh, District Ghaziabad. The appellants have been convicted of an offence punishable under sections 302/34 I.P.C. and have been sentenced to life imprisonment with fine of Rs.1,50,000/- each, in case of default, the appellants have to undergo rigorous imprisonment of two years. The prosecution story as disclosed from the records is as follows:
(3.) ON 7.6.1996 the Village Chaukidar informed the police station in writing that around 7.00 A.M. panchayat was being held in the village for resolving the dispute of property between Dharampal and Rajpal, who are real brothers. During the meeting Praveen Kumar son of Rajpal, who was employed in military service arrived. Hot talks took place, as a result of which Dharampal left the panchayat and proceed to his house. Praveen and his father-in-law armed with Rifle and hockey stick respectively followed Dharampal who fired upon Praveen from his licenced gun. The gun shot hit Praveen. He was in serious condition and had been taken to hospital by his father and other members of the family. This information was registered as case crime no. 19 of 1996 under section 307 I.P.C., P.S. Bahadur Garh, District Ghaziabad.;