Ramesh Sinha, J. - (1.) HEARD Sri Arvendra Singh, learned counsel for the appellants, Sri Nitin Srivastava, learned AGA for the State and perused the record.
(2.) THE present criminal has been preferred against the judgment and order dated 7.7.2012 passed by Additional Sessions Judge, Ex -Cadre, Court No. 2, Mainpuri in Sessions Trial No. 50 of 2008 (State Vs. Devendra @ Chapooda and others), convicting and sentencing the appellants to undergo for five years R.I. under Section 307 read with Section 34 I.P.C. And to pay a fine of Rs. 5000/ - each, in default of payment of fine, they will undergo for one year R.I. The prosecution case in brief is that; on 1.12.2006 at about 9 P.M. in the night, the informant/injured Ram Prakash had gone to attend the Tilak Ceremony of his niece, namely, Km. Ranju, daughter of Ahibaran Singh at the house of Vedram who was resident of Village Ghutara, Police Station Bewar, District Mainpuri. Many other persons of the village of the informant were present there, in which Sunil Kumar son of Bankey, Harendra Singh son of Ahibaran Singh, Arvind son of Lal Bahadur were also present. In the said Ceremony accused Devendra @ Chapooda Son of Tilak Singh, Suresh Chandra son of Tilak Singh, Bijendra @ Bachchu Son of Ram Nath and Prabhash son of Ram Nath were also there. Out of which accused Devendra @ Chapooda was carrying a rifle, whereas the other accused, namely, Suresh Chandra, Bijendra @ Bachau and Prabhas were having countrymade pistols. Devendra @ Chapooda with an intention to kill fired at the informant which hit him on his neck and when his condition became serious all the persons present there started running away. The incident was witnessed by Sunil Kumar, Harendra and and other persons of the village. After firing, Devendra @ Chapooda and all his associates had fled away from the place of occurrence. The informant was admitted in District Hospital, Mainpuri where his condition was found to be serious and the doctor had referred him to Agra. Thereafter, the informant was admitted in Kamayani Hospital at Agra where he was medically treated for about 15 days and thereafter he was discharged from the said hospital. The informant after his discharge from the hospital tried to lodge an FIR against the accused persons but the same could not be lodged and thereafter he moved an application to the S.S.P., Mainpuri on 13.7.2007 annexing his medical examination report and X -ray report requesting him to lodge an FIR. On the basis of which, an FIR was lodged against the accused persons on 19.7.2007 as Case Crime 651 of 2007, under Section 307 I.P.C. which was marked as Ex. Ka -1.
(3.) AFTER investigation, the police submitted charge sheet under Section 307 I.P.C. against the accused appellants as Ex. Ka -6. The case was committed to the Court of Sessions by the learned Magistrate on 25.1.2008 and the trial Court framed charges against the accused appellants under Section 307/34 I.P.C. The accused denied the charges and claimed for trial.;