Poonam Srivastav, J. - (1.) HEARD Sri Brijesh Sahai, learned counsel for the appellants and learned A.G.A. for the State.
(2.) THIS criminal appeal has been filed against the judgment and order dated 8.7.2004 passed by the Additional District and Sessions Judge, Bulandshahr, in S.T. No. 1472 of 2001. The appellants, Rakesh, Bhagwat and Dinesh have been convicted under Sections 302/34, I.P.C. and sentenced to undergo life imprisonment and one year R.I. under Section 324/34, I.P.C. Both sentences are directed to run concurrently. Charges were framed against all the three accused under Sections 302/34, 307/34, 324/34, I.P.C. and 25, Arms Act. The learned Additional District and Sessions Judge, acquitted the accused under Sections 307/34, I.P.C. and 25, Arms Act holding that these charges have not been proved beyond a reasonable doubt. The occurrence is alleged to have taken place on 6.5.2000 at 3.45 p.m. in Jangalgram, Mirazapur, Bulandshahr. First information report was lodged on the same day at 4.30 p.m. P.S. Kotwali Dehat district Bulandshahr, nine kilometres north east from the place of occurrence by P.W. 1 Amolak Chand.
(3.) THE prosecution has examined eight witnesses namely Amolak Chand P.W. 1, first informant Amit Kumar P.W. 2, Jai Prakash Giri P.W. 3 eye-witness, Dr. M. P. Singh P.W. 4, who proved injuries of P.W. 3, Dr. A. K. Bansal P.W. 5, who conducted post mortem on the body of the deceased. S.I. R. D. Pathak P.W. 6 second Investigating Officer, Thanedar Singh P.W. 7, who had investigated the case under Arms Act and Vijendra Kumar Singh P.W. 8 is first Investigating Officer. The statements of the accused under Section 313, Cr. P.C. were recorded. All of them denied their involvement in the crime and stated that they were falsely implicated on account of enmity.;