DINESH KUMAR SINGH,J. - (1.) Heard Sri Anil Kumar Singh, learned counsel for the appellants, Sri G.P. Singh, learned brief holder for the State and perused the record. Sri Lalta Prasad and Sri P. K. Singh, learned counsel for the informant are not present though the appeal has been called in the revised list.
(2.) This Criminal Appeal No. 5714 of 2015 has been directed against the judgment and order dated 20.11.2015 delivered by the Additional Session Judge, Court No.2, Kaushambi, in Session Trial No. 442 of 2009 (State v. Ashish Kumar and 2 others), under Sections 302 and 504 IPC and section 3 (2) (v) SC/ST Act, pertaining to Case Crime No. 116 of 2009, Police Station Charwa, District Kaushambi whereby accused-appellant Ashish Kumar, Awadhesh Kumar and Suresh Kumar have been held guilty and awarded punishment under Section 302 read with Section 34 IPC and read with section 3(2)(v) of SC/ST Act with life imprisonment and fine of Rs. 10,000/- each and in default of payment of fine six months additional imprisonment each; under Section 504 IPC with one year rigorous imprisonment and fine of Rs. 2000/- each and in default of payment of fine, two months additional imprisonment each and in S.T. No. 439 of 2009 (State v. Awadhesh Kumar Mishra) under Section 25 Arms Act, pertaining to Case Crime No. 118 of 2009 Police Station Charwa, District Kaushambi whereby accused-appellant Awadhesh Kumar Mishra has been held guilty and awarded punishment under section 25 of Arms Act with three years rigorous imprisonment and fine of Rs. 3000/-, in default of payment of fine, two months additional imprisonment. Both the Session Trial have been decided by a common judgment as the facts of both the Session Trial were related to the same occurrence.
(3.) The facts in brief of the case are as follows:- The First informant (PW1) lodged an FIR (Exhibit Ka-1) stating therein that he had gone to the brick-kiln of one Maqshood Ahmed where he was engaged for driving his tractor. On 23.5.2009, he was returning at about 9:30 p.m., as soon as he reached in front of his house where hand-pump was installed, he found that Awadhesh Kumar Mishra S/o Jai Ram Mishra (A-1), Ashish Kumar Mishra S/o Suresh Kumar Mishra (A-2) and Suresh Kumar Mishra S/o Jai Ram Mishra (A-3) of his village were abusing the family members of the first informant on account of plucking jackfruit and lemon and when the first informant pleaded with them that no one from his family had plucked any such jackfruit and lemon, all the three accused started abusing him and uttered (Maro Salon Pasi Ko Bachkar Na Ja Paye) let the Pasi be killed, he should be allowed to escape. After this the first informant started fleeing from the spot and the accused Awadhesh Kumar chased him with countrymade pistol and made a fire at him with an intention to kill him, the said fire hit Manoj Kumar, his son in his abdomen, who fell down instantaneously, who was thereafter immediately taken to S.R.N. Hospital, Allahabad where he was got admitted and treatment was started. His abdomen was operated in emergency ward (ICU) and his condition was extremely serious.;