Umesh Chandra Tripathi, J. - (1.) This appeal is directed against the judgment and order dated 27.01.2009 passed by Additional Sessions Judge, Fast Track Court No. 1, Kanpur Dehat in Sessions Trial No. 454 of 2007 (State v. Raj Vishambhar and another), arising out of Crime No. 479 of 2001, Police Station - Ghatampur, District - Kanpur Nagar, whereby appellants Raj Vishambhar s/o Bashla and Sushil Sachan @ Putan s/o Raj Vishambhar, both r/o Village Motipur, were convicted and sentenced as follows: (a) Rigorous imprisonment for a period of five years and to pay fine of Rs. 7,000/- and in case of default in payment of fine, simple imprisonment for further three months, under Section 307/34 of the Indian Penal Code (hereinafter referred to as 'IPC'); and (b) Rigorous imprisonment for a period of three years and to pay fine of Rs. 3,000/- and in case of default in payment of fine, simple imprisonment for further one month under Section 452/34 IPC.
(2.) Both the sentences were directed to run concurrently.
(3.) Brief facts of the prosecution case, as discernible from record, are that in the night of 15.12.2001, the informant Mukesh Kumar s/o Devtadeen r/o Village Motipur, Police Station - Ghatampur, District - Kanpur Nagar. after having his meals, was lying on the cot. His relative - Rahul s/o Uday Narayan r/o Sahbajpur, Police Station - Sajeti, District - Kanpur Nagar was also lying beside him. His cousin Sunil Sachan s/o Ram Chandra Sachan was lying in the adjacent room. A lantern was burning inside the house. At about 11.00 P.M., the informant woke up on hearing some noise. He saw that accused-appellants Ram Vishambhar and Sushil Sachan @ Putan, both residents of his village, bearing country-made pistol (tamancha) in their hands, along with two other persons, who were seen in the lantern light, entered into the room of his cousin. Accused-appellant Raj Vishambhar, with the intention to kill his cousin Sunil Sachan, fired on him, which fire hit on his right temple. Thereafter, the accused made their escape good. The informant took his cousin injured Sunil Sachan to the police station. Report be lodged and action be taken. The written report is on record and the same is marked as Ex.Ka.1.;