Umesh Chandra Tripathi, J. - (1.) Heard Sri Ravindra Nath Rai, learned counsel for the appellant and Sri L.D. Rajbhar, learned A.G.A., for the State.
(2.) This appeal is directed against the judgment and order dated 14.01.2009 passed by learned Addl. Sessions Judge/Fast Track Court (2), Muzaffarnagar in S.T. No. 598 of 2008 (State Vs. Ravi Kant and others) whereby accused-appellants Surender @ Shyam Lal, Radhey Kant and Kamla Kant @ Pappu were convicted for the offence punishable under Section 307 IPC read with Section 34 India Penal Code (hereinafter referred to as "IPC") and each of them were sentenced to rigorous imprisonment for a period of 5 years and to pay fine of Rs. 1,000/- each and in default of payment of fine one year further imprisonment.
(3.) Brief facts of the prosecution are that on 16.05.2007 at about 5:00 AM appellants Pappu @ Kamlakant, Surendra @ Shyam Lal, Radhey Kant alongwith co-accused Ravi Kant having blunt object lathi, knife and country made pistol (katta) entered into residence of informant Smt. Babita. Accused Radhey Kant and Ravi Kant caught hold of Ram Pal (husband of informant) and appellant Pappu @ Kamlakant stabbed knife to Ram Pal with intention to kill him. Ravikant opened fire by his Katta but Ram Pal escaped by chance. On alarm being raised, Preetam Singh, Mohd. Rafiq and many other person reached at the place of occurrence. Then appellants alongwith co-accused Ravikant ran away. Before one day in the evening appellants and co-accused had also abused the informant and and his family members. On information of Smt. Babita Devi through Senior Superintendent of Police, Muzzafarnagar, by his order first information report at case crime no. 232 of 2007 under Sections 452, 307, 504, 506 IPC on 20.05.2007 at 1:50 PM was lodged against accused persons. Injured Ram Pal was medically examined at Community Health Centre, Muzzafarnagar on 16.05.2007 at 5:30 AM. After investigation police has submitted chargesheet against the appellants and co-accused Ravi Kant for the offences punishable under Sections 452, 307, 504, 506 IPC. Trial Court has framed charges under Sections 452, 307/34, 504, 506 IPC against appellants and co-accused Ravi Kant and explained charges to them. They have pleaded not guilty and claimed to be tried.;