Pratyush Kumar, J. - (1.) The instant appeal filed on behalf of the accused -appellant, is directed against the judgment and order dated 29.06.2013 in Gangster Case No. 306 of 2008 [State v/s. Shrawan Kumar and three others] passed by Additional District & Sessions Judge/Special Judge (Gangster Act), Gonda, whereby he convicted the present appellant under Sec. 302 IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs. 25,000/ -, failing which to further undergo one year simple imprisonment. However, the accused -appellant was acquitted from the charge framed under Sec. 3(1) of the U.P. Gangster & Anti Social Activities (Prevention) Act. Three other co -accused of the present case were acquitted from all the charges framed against them.
(2.) The facts of the prosecution case in brief are as under: "That on 10.07.2003 at 12.30 PM, Ram Nath handed over a written report at P.S. Kotwali Nagar, District Gonda, mentioning therein that on that day he along with his son Prem Nath came to the Court of Tehsildar (Judicial), Gonda in connection with case of inheritance, wherein Shanti Devi was other party. At about 12.30 PM when he along with his son came in the Varandah of the Court room his son was caught hold by Shrawan Kumar (present appellant), Vinod Kumar, Bhanu Pratap and Rajjan and in order to murder him Shrawan Kumar (present appellant) fired his country made pistol on him, the shot struck his son above right side of back. Hearing the sound of fire many persons gathered there and appellant and other co -accused persons brandishing country made pistol and threatening the persons present there made good their escape. He took his injured son to the Government Hospital for treatment and hospitalized him, in the last he prayed that the suitable action be taken on his report."
(3.) On this chik FIR was scribed, case crime No. 230 of 2003, under Sec. 307 IPC was registered at the police station and investigation was entrusted to Sub Inspector Sri K.D. Singh.;