- (1.) Heard Sri K.K. Singh and Sri Sunil Kumar Singh, learned counsel for the appellant Indradeo Ram, Sri N.P. Yadav and Sri Harendra Singh, learned counsel for the appellant Uma Ram @ Om Prakash, Learned A.G.A. for the State of U.P. and Sri Ali Akbar Ansari, learned counsel for the complainant.
(2.) The appellant Indradeo Ram has preferred the Criminal Appeal No. 2915 of 2013 and the appellant Uma Ram @ Om Prakash has preferred the Criminal Appeal No. 3067 of 2013 against the judgement and order dated 6.5.2013 passed by Sri Kuldeep Saxena, Addl. Sessions Judge, Court No. 2, Mau in S.T. No. 31 of 2010 connected with S.T. No. 32 of 2010 whereby both the appellants have been convicted for the offence punishable under sections 302/34, 504, 506 IPC and they have been sentenced to undergo life imprisonment with a fine of Rs. 5000/- under section 302/34 IPC, one year R.I. with a fine of Rs. 1000/- under section 504 IPC, one year R.I. under section 506 IPC with a fine of RS. 1000/- and the appellant Uma Ram @ Om Prakash has been further convicted under section 3/25 Arms Act and sentenced to undergo two years R.I. with a fine of Rs. 1000/-. Both the appellants have moved the bail applications, therefore, both the bail applications are being disposed of by a common order.
(3.) From the perusal of the record it appears that in the present case the FIR has been lodged by Sri Ram Shabad Ram, P.W. 1 at Police station, Chiraiya-kot, District Mau on 2.10.2009 at 6.10 a.m. in respect of the incident allegedly occurred in the night of 1/2.10.2009 at about 2.00 a.m. in which the appellant Uma Ram @ Om Prakash was named as accused. It is alleged in the FIR that the appellant Uma Ram @ Om Prakash having the enmity with the deceased. In the night of the alleged incident the deceased was sleeping under the Neem tree out side the house, the appellant came there and discharged the shots at the deceased, on sound of firing the first informant woke up and came to the place of the incident in a running condition with a torch, some other persons of the village also came there, the miscreant was chased but he successfully escaped in the east side. After sustaining the injuries the deceased in a injured condition was lying under the cot, with the help of the villagers he was taken to district hospital, Mau to provide the medical aid, but he was declared dead in the district hospital. According to the FIR in which the appellant Uma Ram @ Om Prakash participated in the alleged offence but during investigation the name of the appellant Indradeo Ram also came to light. The appellant Uma Ram @ Om Prakash was apprehended by the police on 3.10.2009, at his pointing out a country made pistol having the cartridge in barrel was recovered. From the place of the incident a recovery of empty cartridge was made by the police. According to the post mortem examination report the deceased has sustained six ante mortem injuries in which injuries No. 1,2,3 and 5 were gun shot wounds of entry, injury No. 4 and 6 were gun shot wounds of exit. In respect of the prosecution version eight witnesses have been examined. The empty cartridge recovered from the place of the incident and the country made pistol recovered at the pointing out of the appellant were sent to the public analyst. According to the report of the public analyst dated 6.4.2010 the empty cartridge recovered from the place of the incident which was marked as Exhibit-1 was fired by country made pistol recovered at the pointing out of the appellant. But first informant deposed before the trial court that both the appellants discharged the shots causing the injuries to the deceased. The first informant has changed the FIR version by adding the name of appellant Indradeo Ram. In such circumstances, the appellant Indradeo Ram is entitled for bail. But the appellant Uma Ram @ Om Prakash is not entitled for bail. The prayer for bail of the appellant Uma Ram @ Om Prakash is refused.;