- (1.) HEARD learned counsel for the appellants, learned Additional Government Advocate and perused the record.
(2.) THE aforesaid three criminal appeals have been filed against the judgment and order dated 28.01.2009, passed by the then learned Additional Sessions Judge, Shravasti, by which the appellants have been convicted for the offences punishable under Sections 307/34, 323, 504 and 506 I.P.C.
(3.) AS per prosecution case, there was enmity between the parties regarding the Pumping Set and on 22.06.2002 the complainant had gone to attend the marriage ceremony of the daughter of Dularey and while he was coming back from there, then Nakchhed had shot fire by the country made pistol. The occurrence was witnessed by Gokaran and Ram Murat. The accused Babu (appellant of Criminal Appeal No.1082 of 2009) and Bihari (appellant of Criminal Appeal No.541 of 2009) had exhorted, upon which Nakchhed had shot fire. Om Prakash cause the injury by Gandasi. The report of the occurrence was lodged on 23.02.2002 for the offence under Sections 324, 504 and 506 I.P.C. Subsequently, the case was converted into Section 307 I.P.C. After investigation, the charge -sheet was filed against the accused persons. The accused persons had denied the charges and claimed trial. The prosecution has examined Gorakan as PW -1, who has not supported the prosecution version and has been declared as hostile. He has stated that he has not seen Nakchhed while firing and he had also not seen the other accused persons, namely, Om Prakash, Babu and Bihari on the spot.;