Ram Surat Ram, J. - (1.)Heard Sri Neeraj Kumar Sharma, for the appellants, A.G.A., for State of U.P. and Sri Shri Krishna Bahadur, for the injured.
(2.)These appeals have been filed from the conviction and sentence passed by Additional Sessions Judge, Court No. 18, Bulandshahar, dated 05.03.2012, in S.T. No. 1271 of 2009, State of U.P. Vs. Satendra and others (arising out of Case Crime No. 17 of 2009, under Section 307/34 IPC, P.S. Agauta, district Bulandshahar), sentencing the appellants for ten years rigorous imprisonment with fine of Rs. 20000/- each under Section 307 read with Section 34 IPC, with default stipulation.
(3.)On the complaint of Dinesh Kumar (PW-1), Constable-77 Ramesh Chandra (PW-5) registered FIR of Case Crime No. 17 of 2009, under Section 307/34 IPC, at P.S. Agauta, district Bulandshahar, on 06.02.2009 at 21.55 hours against 3-4 unnamed persons. It has been stated in FIR that on 06.02.2009 at about 19.35 hours, three-four persons came to his house, in a white colour Scorpio and called him and his brother Vinod. On their call, Vinod came out from house. Then they fired upon him several round after asking his name, causing one injury in hand, one in abdomen and one in leg. On hue and cry, various persons ran towards spot, seeing them, the accused ran away. Written complaint (Ex-Ka-1) does not contain signature of Dinesh Kumar. Dr. Rahul Chaudhary (PW-6) conducted medical examination of Vinod @ Niranjan Singh (PW-3), on 06.02.2009 at 22.45 hours at District Government Hospital, Bulandshahar, where he was brought by HC-165 Karan Veer Singh. In medical examination report (Ex-Ka-7) three injuries i.e. (i) Fire arm wound of entry 0.8 cm x 0.8 cm, depth not probed, on left forearm, on back, in middle part. Margin Inverted. Abrasion collar present around the wound. Bleeding present. (ii) Fire arm wound of entry 1 cm x 1 cm, depth not probed, in front, in pubic region, 4 cm above from base of penis. Margin Inverted. Abrasion collar present around the wound. Bleeding present. (iii) Fire arm wound of entry 0.8 cm x 0.8 cm, depth not probed, in back of left hip, lower part. Margin Inverted. Abrasion collar present around the wound. Bleeding present. All the injuries were kept under observation and X-ray was advised. The duration of injuries was found fresh.