- (1.) The instant appeals have been filed against impugned judgment and order of conviction passed by Additional Sessions Judge/Special Judge, S.C./S.T. (Prevention of Atrocities) Act, Budaun on 28.9.2013 in Sessions Trial No.538 of 2008 (State vs. Amreesh and 5 others), Case Crime No.194 of 2007 under Sections 147, 148, 325/149 and 307/149 I.P.C. P.S. Gunnaur, District Budaun whereby all the accused persons were acquitted of the charges of offences under Section 325/149 I.P.C., convicted for charges of offences under Sections 147, 148, 307/149 I.P.C. and each of them was sentenced with rigorous imprisonment for a period of 8 years under Section 307/149 I.P.C. and fine and other sentences under Sections 147, 148 I.P.C.
(2.) Feeling aggrieved, convicts Amreesh, Neeresh, Dharampal and Dinesh filed Criminal Appeal No.4448 of 2013 and convicts Sarnam and Munna Lal filed Criminal Appeal No.4634 of 2013 against same impugned judgment and order. Since two appeals arise from one and same impugned order of conviction and sentence passed in one and same sessions trial, they were connected and are being decided by common judgment.
(3.) The brief facts relating to the case are that Ramesh Chandra submitted a written report to Inspector Incharge of P.S. Gunnaur District Budaun at 11.30 a.m. on 7.5.2007 on which F.I.R. was lodged at Case Crime No.194/2007 under Sections 147 , 148 , 149 , 307 and 325 I.P.C. against Munna Lal and 7 others, with averments that, "today at 11.00 a.m. applicant (Ramesh Chandra) had come to State Bank of India Gunnaur for depositing money and when passed from shop of Lala Raman, Munna Lal and 7 others came from behind surrounded him with an intention to cause his death, and upon exhortation by them Munna Lal fired at him which passed through his temporal region by touching his KANPATI and Dariao, Neeresh, Dinesh, Natthu, Dharampal and Surnam attacked him with lathis and when he called nearby shop-keepers for rescue, they (accused) started firing with firearms upon which all shopkeepers and persons in market gone apprehended; that accused persons fractured his leg and in the meantime, Raghunath and Roshan of his village arrived there and upon their caution they (accused) again beaten him, knelled him down at ground and fled away." ;