Ritu Raj Awasthi, J. - (1.) Heard Mr. Rajeev Mishra holding brief of Ms. Soniya Mishra, learned counsel for the appellants as well as Mr. Umesh Verma, learned Additional Government Advocate appearing on behalf of the State-respondent and perused the relevant records.
(2.) The instant criminal appeal under Section 374 (2) Cr.P.C. has been preferred by the appellants, namely, Radhey Shyam and Vikram challenging the judgment and order dated 01.11.2002, passed by learned Additional Sessions Judge (Fast Track Court-3), Lakhimpur Kheri, in Sessions Trial No.73 of 2002, relating to case Crime Nos.211 of 2001 & 212 of 2001, under Sections 302/34, 504 IPC & 3/25 Arms Act, whereby the appellants have been convicted for the offence under Section 302 IPC and sentenced with rigorous imprisonment for life and also with fine of Rs.5,000/- each with default stipulation of one year additional imprisonment and for the offence under Section 504 IPC sentenced to undergo rigorous imprisonment for a period of one year and for the offence under Section 25 Arms Act the appellant no.1/Radhey Shyam has been sentenced to undergo rigorous imprisonment for a period of one year and also fine of Rs.1000/- with default stipulation of three months' additional imprisonment. All the sentences are directed to run concurrently.
(3.) The genesis of the prosecution case in brief is that on 26.7.2001 at about 11.05 a.m. Ishwar Deen (PW-1), father of the deceased, lodged an FIR with Police Station Isa Nagar, District Lakhimpur Kheri to the effect that on that date at about 7.30 a.m. the female calf of the appellant-Radhey Shyam had come near the animals of informant which was driven away by his son Babu Ram and he told Radhey Shyam to ensure that his calf is properly tied at his place on which Radhey Shyam got infuriated and started abusing Babu Ram (deceased) and said that he will block his passage. His son Babu Ram told Radhey Shyam in strict words not to abuse on which Radhey Shyam brought fire arm from his house and stepped to make a fire. Kallu and Pahari S/o Mangal as well as Mohan S/o Mathura had challenged Radhey Shyam, then Radhey Shyam fired pointing at the chest of deceased Babu Ram. Informant's son Kallu and Pahari had snatched the fire arm from Radhey Shyam. In the meantime, appellant no.2/Vikram had also come who is brother of Radhey Shyam and started helping Radhey Shyam, he was also involved in the altercation and helped Radhey Shyam in killing the deceased. The said fire arm with cartridge has been brought to the police station. The accused Radhey Shyam and Vikram had run away from the place of occurrence. On the basis of complaint an FIR under Case Crime No.211 of 2001 under Section 302, 504 IPC and Case Crime No.212 of 2011 under Section 3/25 Arms Act was registered. The police after completing the investigation had submitted charge-sheet against the accused-appellants.;