- (1.) Criminal appeal no. 1487 of 2013 (Krishna Kumar @ Gabbar & others vs. State of U.P.) has been filed against the judgement and order dated 03.10.2013, passed in Sessions Trial Nos. 116 -A and 116 of 2011, (State of U.P. vs. Krishna Kumar @ Gabbar and another and State of U.P. vs. Brijesh @ Sonu & 4 others respectively), where in the learned Special Judge (E.C. Act)/ Additional Sessions Judge, Sultanpur has convicted and sentenced the appellants Krishna Kumar @ Gabbar, Balram Yadav, Mahendra Yadav, Brijesh @ Sonu, Shiv Bahadur, Narendra Kumar Yadav @ Guddu and Pushpendra Kumar Yadav with one year imprisonment under sections 147, 148, 504 I.P.C. each and five years imprisonment and Rs. 5000/ - fine each and in default an additional imprisonment of three months, under section 307 read with section 149 I.P.C.
(2.) Injured Smt. Reena Yadav and the first informant Sanjay Kumar Yadav of the aforesaid Sessions Trials have filed criminal revision no. 498 of 2013 (Smt. Reena Yadav and another versus State of U.P. And others) for the enhancement of punishment for the offence in question awarded to the aforesaid appellants. Both the aforesaid criminal appeal and criminal revision having been arisen from the same Judgement and order are being disposed of together by a common judgement which is being passed in criminal appeal no. 1487 of 2013.
(3.) Brief facts of the case are that first informant Sanjay Kumar Yadav submitted a written report dated 10.11.2010 at P.S. Kurebhar, District Sultanpur on 11.11.2010 at 00:45 A.M. Stating therein that all seven appellants namely Krishna Kumar @ Gabbar, Balram Yadav, Mahendra Yadav, Brijesh @ Sonu, Shiv Bahadur, Narendra Kumar Yadav @ Guddu and Pushpendra Kumar Yadav, armed with fire arms, came to the door of his house in the night of 10.11.2010 at 11:00 P.M. and started hurling filthy abuses to him. He had further stated in the report that when after hearing abuses he, his wife Smt. Reena Yadav and uncles Hari Prasad Yadav and Jagdeo Prasad Yadav came to the door of his house and objected to appellants from hurling abuses, appellants Krishna Kumar @ Gabbar and Balram Yadav opened fire at him from their country made pistols which misdirected and hit his wife Smt. Reena Yadav causing grievous injuries to her. He had stated that appellants Krishna Kumar and Balram Yadav had shot the fires in furtherance of common object of all appellants to kill him and, after receiving the fire arm injuries his wife Smt. Reena Yadav fell down on the earth where after appellants ran away from the place of occurrence. On this report, a cognizable report under sections 147, 148, 149, 307 and 504 I.P.C. Was registered against the appellants as case crime No. 699 of 2010, under sections 147, 148, 149, 307 and 504, I.P.C. and after investigation chargesheet was filed. The case of the appellants was committed to the Court of Sessions which was ultimately tried in the Court of Special Judge (E.C. Act) /Additional Sessions Judge under sections 149, 148, 504 and 307 read with 149 I.P.C., and the learned Additional Sessions Judge on the strength of evidence available on record found all appellants guilty for the offence they were charged. Consequently, the learned Additional Sessions Judge recorded the judgement of conviction against all seven appellants and convicted them with one year imprisonment under sections 147, 148, 504 I.P.C. each and five years imprisonment and Rs. 5000/ - fine each and in default three months additional imprisonment under section 307 read with section 149 I.P.C. impelling appellants to file this criminal appeal. Injured Smt. Reena Yadav and the first informant Sanjay Kumar Yadav being not satisfied with the quantum of punishment awarded to appellants for the offence punishable under section 307 read with section 149 I.P.C., have filed criminal revision with a prayer therein that punishment of appellants should be enhanced to at least ten years rigorous imprisonment under Part -II of section 307, I.P.C.;