PRAMOD KUMAR SRIVASTAVA, J. - (1.) THIS appeal has been preferred against joint judgment of conviction and sentence dated 21/22.4.2010 passed by Additional Sessions Judge/Fast Track Court -III, Mainpuri in S.T. No. 375/2002, State Vs. Navratan Singh and S.T. No. 146/2006, State Vs. Mahesh Singh and another, relating to same crime no. 53/2001, section 147, 148, 149, 307, 302 IPC, p.s. Kurra district Mainpuri.
(2.) MR . Arvind Kumar Singh, Advocate appeared on behalf of appellant Navratan Singh, Mr. J.N. Singh, Advocate appeared on behalf of appellants Mahesh and Raju; and Mr. A.N. Mulla A.G.A. appeared on behalf of the State of U.P.
(3.) WE have heard the arguments on 09.04.2015 and the judgment was reserved. Prosecution case in brief before trial court was that complainant Ram Pal Singh is resident of Gram Bhogpur, p.s. Kurra, district Mainpuri. On 8.5.2001 in his village the 'lagun' ceremony of Dharmaveer, son of Mewaram was to be performed, in which complainant Ram Pal, his son Sandeep @ Dabloo, Parasram Singh, Mewaram and others were participating. On that day at about 1:00 p.m. accused Navratan Singh, Ripudaman Singh, Mahesh, Sonu, Raju Singh armed with gun came on the place of 'lagun'. Due to old enmity these accused persons had fired on Sandeep Singh @ Dabloo and on Mahipal Singh at a place in front of door of Mewaram. Due to this firing Sandeep @ Dabloo and Mahipal sustained injuries. Then complainant took them to police station and lodged first information report on basis of which case crime no. 53/2001, under sections 147, 148, 149, 307 IPC was registered. Due to injury sustained in this incident Sandeep @ Dabloo died; then offence of section 302 IPC was added during investigation. Medico -legal examination of injured Mahipal was done on 8.5.2001 at about 3:00 pm, when he was taken by the police to hospital. Post -mortem of deceased Sandeep @ Dabloo was performed on 09.05.2001 at about 11:00 AM. Thereafter Investigating Officer visited the spot, prepared site plan, taken statements of witnesses and submitted charge sheet against Navratan Singh, Mahesh and Raju. Charge sheets were submitted separately, so S.T. No. 375/2002, State vs. Navratan Singh was initiated separately against Mahesh Singh and Raju. Another S.T. No. 146/2006 was initiated against Navratan Singh on submission of separate charge -sheet. But after committal of the cases the proceedings of two sessions trials were carried out jointly and both were decided by one judgment.;