B. A. Zaidi, Vijay Kumar Verma, JJ. - (1.) Challenge in these appeals preferred under Section 374(2) of the Code of Criminal Procedure (in short, "the Cr.P.C."), is to the judgement and order dated 30.06.2007, passed by the Addl. Sessions Judge, Fast Track Court-III, Jaunpur in S.T. No. 212 of 2006 State v. Pramod Kumar and others , whereby the accused-appellants Smt. Durgawati Devi, Smt. Kanchan Mishra, Rajendra Prasad Mishra and Pramod Kumar Mishra have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10000/- each under section 307 read with section 34 I.P.C. with further imprisonment for one year under section 323 read with section 34 I.P.C. However, all the accused-appellants have been acquitted of the charge under Section 504 IPC.
(2.) Shorn of unnecessary details, the facts leading to the filing of these appeals, in brief, are that an FIR was lodged on 17.11.2005 at P.S. Buxa, District Jaunpur by the complainant Smt. Mamta Devi Mishra wife of the injured Vinod Kumar Mishra. The case of the prosecution as appearing from the FIR Ext. Ka-2, in brief, is that Sri Vinod Kumar Mishra with his family members was living separate from his brother Pramod Kumar Mishra and parents Rajendra Prasad Mishra and Smt. Durga Devi. It is alleged that on 10.11.2005 at about 9.15 a.m., when Vinod Kumar Mishra was present in his madha near his house, the accused Rajendra Prasad Mishra, Smt. Durga Devi, Pramod Kumar Mishra and his wife Smt. Kanchan Devi Mishra came there and began to assault the complainant and her husband Vinod Kumar Mishra hurling filthy abuses to them. Smt. Durga Devi brought a firearm from her house and handed over the same to Pramod Kumar Mishra, who on the exhortation of Smt. Kanchan Devi, Rajendra Prasad and Smt. Durga Devi fired shot on Vinod Kumar Mishra, due to which he sustained injuries and fell down there. On hearing the hue and cry, many people from neighbourhood came there and saw the incident.
(3.) After sending the injured Vinod Kumar Mishra to Jaunpur Hospital, the complainant handed over written report Ext. Ka-1 at P.S. Buxa, where the then constable Moharrir Ram Nagina Rai prepared chik FIR Ext. Ka-2 and registered a case under Section 323, 504, 307 Indian Penal Code at crime no. 687 of 2005 on 17.11.2005 at 10.30 a.m. against Pramod Kumar Mishra, Rajendra Prasad Mishra, Smt. Durga Devi and Smt. Kanchan Mishra, entry of which was made in G.D. no. 20 Ext. Ka-3.;