- (1.) The instant appeal is directed against the judgment and orders dated 3.12.2009 passed by Shri Mahesh Nautiyal, Additional Sessions Judge (F.T.C.), Court No.21, Bulandshahr in Session Trial No.175 of 1997, whereby the appellants have been convicted under Sections 307 read with 34, IPC, 452, IPC and sentenced to undergo rigorous imprisonment of ten years and to pay fine of Rs.10,000/- each, to undergo rigorous imprisonment of five years and to pay fine of Rs.5,000/- each, respectively. Heard Shri Sunil Kumar, learned counsel for the appellants, Shri Raj Bahadur, learned AGA for the State-Respondent and perused the record.
(2.) On behalf of appellants on two counts arguments have been advanced. First questioning the conviction of the appellants on the ground that there was a cross version of the occurrence, FIR was delayed, there are contradictions among the statements of the eye witnesses and no independent witness has been examined. On the second count, learned counsel for the appellants has submitted that at the most offence under Section 325, IPC is proved. From the facts and circumstances of the case the prosecution could not prove charge under Section 307, IPC.
(3.) On behalf of the State these arguments have been repelled and it has been submitted that the trial Court rejected the plea of cross version on the grounds that in the present case time of occurrence is 5.00 p.m. whereas in the cross version time of occurrence has been shown to be 6.00 p.m. and scene of occurrence is also different. In reference to delay in FIR he has submitted that in view of serious injuries sustained by the injured, delay stands satisfactorily explained. In reference to contradictions, he has submitted that statements of the eye witnesses have been recorded more than eleven years after the occurrence, therefore, they deserve to be ignored.;