- (1.) The instant appeal, is directed against the judgment and orders dated 25th July, 2012 passed by Sri Chandra Shekhar Prasad, Additional Sessions Judge, Court No.4, Shahjahanpur in Sessions Trial No.1727 of 2003 (State Vs. Shishu Pal Singh and five others), whereby the appellants have been convicted under sections 148, 307/149 IPC and sentenced to undergo imprisonment of one year, rigorous imprisonment of seven years' alongwith fine of Rs.5,000/- each and in default whereof, to further undergo imprisonment of six months.
(2.) Heard Sri S.D.Dwivedi, Advocate, appearing for the appellants, Sri Pawan Kumar Dubey, Advocate, appearing for the complainant and Sri Abdul Mazid, learned AGA for the State-respondent and perused the record.
(3.) On behalf of the appellants, it has been submitted that the appellants do not question the correctness of the conviction under section 148 IPC, they are only questioning the finding recorded, holding them guilty of committing attempt to murder of Irshad, Raksha Pal Singh and Ram Manohar. On their behalf, it has been submitted that none of the injury was found grievous or dangerous for life. According to them, mere exhortation cannot be a determinative factor to hold that shots were fired to kill the injured persons. According to them, at the most the appellants could be guilty of voluntarily causing simple hurt to the aforesaid persons with dangerous weapons.;