- (1.) The appellant Rajju Pathak @ Raj Kumar has filed the instant criminal appeal against the judgment and order of the conviction and sentence dated 31.7.2006 passed by the Additional Sessions Judge, FTC No.2, Jalaun at Orai, in S.T. No.127 of 2005 State Vs. Rajju Pathak @ Raj Kumar and others, relating to Case Crime No.15 of 2005 under Section 307, 452 IPC, Police Station Rampura, District Jalaun, and also in S.T. No.128 of 2005 relating to Case Crime No.30 of 2005 under Section 25 Arms Act, Police Station Rampura District Jalaun. The appellant has been convicted and sentenced to undergo ten years rigorous imprisonment with fine of Rs.5,000/- under Section 307 IPC, two years rigorous imprisonment with fine of Rs.1000/- under Section 452 IPC and also one year rigorous imprisonment with fine of Rs.1,000/- under Section 25 Arms Act. In default of payment of the aforesaid fine, the appellant has been sentenced to further undergo six months additional simple imprisonment. All the sentences have been directed to run concurrently. The co-accused Gyan Singh has been acquitted of the said charge vide impugned judgment and order giving benefit of doubt.
(2.) According to the first information report lodged by Kishun Dutt Tiwari, on 13.3.2005 at 5:30 p.m., the facts of the prosecution case are that the first informant Kishun Dutt Tiwari aged about 55 years was sitting inside his house and was talking with Jamuna Saran Srivastava and Chhuna @ Shiv Naresh. Around 4:00 p.m., one accused Gyan Singh also came there, just then the appellant Rajju Pathak @ Raj Kumar aged about 35 years armed with Tamancha (Katta) came in the courtyard of the house of the first informant and discharged fire from his Katta at the first informant Kishun Dutt Tiwari with an intent to kill him. The fire shot hit in the forehead of the injured and co-accused Gyan Singh and one unknown accused also made fire. The trio ran away extending life threat and hurling abuses. The incident took place as a result of old enmity. The first information report of the incident was lodged against the appellant and one Gyan Singh under Sections 307, 452, 504, 506 IPC. The weapon of offence namely Tamancha of 315 bore and two live cartridges were recovered from possession of the appellant by the police. The investigation was made by the Investigating Officer who after completion of the investigation submitted charge sheet under the aforesaid sections.
(3.) The trial Court framed charge under Section 307/34, 452, 504, 506 IPC against the appellant and one Gyan Singh. The appellant was further charged under Section 25 Arms Act.;