Raghvendra Kumar, J. - (1.) HEARD Sri S.V. Singh, learned counsel for the appellants and Smt. Ainakshi Sharma, learned A.G.A. for the State of U.P.
(2.) UNDER challenge in the instant Criminal Appeal is the judgment and order dated 9.5.2007 passed by learned Additional Sessions Judge, Fast Track Court No. 2 Mainpuri in S.T. No. 81 of 2004 (State v. Shree Krishna & Others) arising out of case crime No. 180 of 2003, Police Station Kurawali, District Mainpuri whereby the appellants Shree Krishna, Vedram, Rai Singh, Narsingh Pal @ Gajendra have been convicted for the offence under section 304 (1) I.P.C., each of them were sentenced to imprisonment for life and a fine of Rs. 5000/ - each, with default stipulation of six months additional simple imprisonment. The FIR of this case has been lodged by Sri Sudish son of Shyam Singh with police station on 2.7.2003 at 11.00 a.m. with respect to the incident that occurred on 2.7.2003 at 10.00 a.m. As per the F.I.R. version, the complainant along with Jai Hind, Kunwar Pal and Jai Singh were going to Kurawali Bazar at about 10.00 O'clock, as they reached near the chuk -road, adjacent to the field of Maharaj Singh, Shree Krishna, Ved Ram, Rai Singh, Nar Singh Pal, who were having enmity with respect to tractor transaction with Kunwar Pal, who was their well wisher, the accused persons, who were equipped with gun, pistol and lathis, jointly discharged fire shots and assaulted with lathi whereby Jai Singh and Kunwar Pal sustained injuries. The deceased Jai Singh succumbed to the injuries.
(3.) THE appeal so far as it relates to Ved Ram stood abated vide order of this Court dated 9.9.2005.;