Rajnish Kumar, JJ. - (1.)The instant Criminal Appeal has been filed by the appellant Athar against the judgment and order dated 22.04.2003, passed by Additional Sessions Judge:F.T.C. No.5, Gonda in Sessions Trial No.52 of 1999:State versus Ikbal and Athar, arising out of case Crime No.15 of 1989, under Sections 307, 326 of Indian Penal Code (hereinafter referred as IPC), Police Station Pachpedwa, District Balrampur by which the appellant has been convicted under Section 307/34 and 326/34 of I.P.C. and sentenced to undergo rigorous imprisonment for a period of five years and a fine of Rs.5, 000/-, failing which he will have to undergo five months rigorous imprisonment additionally.
(2.)A First Information Report was lodged by the informant Mohd.Muslim on 14.1989 at Police Station Pachpedwa, District Gonda (at the time of judgment District Balrampur) against one Iqbal and present appellant-Athar vide case Crime No.15 of 1989, under Sections 307 and 326 IPC.
(3.)As per the First Information Report in the evening of 14.2.1989 the informant Mohd.Muslim, his brother Zama, Inamullah and Mohd.Hasan were warming their hands on fire at the door of Mustafa Hazi. At about 6.30 p.m. Iqbal son of Nisar and Athar son of Rafiullah arrived and fired on his brother Zama @ Muazzam with the intention to kill him by which one of his eyes was damaged and the other eye was injured by the pellets. It was further stated that on account of the election of Pradhani these persons had old enmity with his brother. This incident was seen by Mustafa Hazi, Inamullah, Mohd. Hasan etc. in the light, who were also warming their hands on fire. They tried to catch them, but the accuseds ran away.