- (1.)These criminal appeals under Section 374 (2) Cr.P.C . have been filed by the appellants Salloo, Virendra Yadav, Munna and Govind against the judgment and order dated 07.09.1998, passed by Additional Sessions Judge (Ayodhya Prakaran), Lucknow, in S.T. No.682 of 1997, whereby accused-appellants Virendra Yadav, Sullu, Munna and Govind have been convicted for the offence under Section 307 / 34 IPC and sentenced to undergo Seven Years' Rigorous Imprisonment each with a fine of Rs.100/-. In case of default in payment of fine, one month's additional rigorous imprisonment.
(2.)Since both the appeals have arisen out of the same crime number and have been decided by a common judgment by the trial court, hence both the appeals have been heard together and are being decided by a common judgment.
(3.)Brief facts relevant for disposal of the appeals are that one complaint was submitted by one Sarif, S/o Sabbir, resident of Harijan Basti, Police Station Cantt, District Lucknow on 07.05.1996 which was scribed by one Sabanu, S/o Kallu, resident of Harijan Basti, Police Station Cantt, District Lucknow to the effect that about two years back appellant Sullu who is resident of Naibasti, Udaiganj, Police Station Husainganj, District Lucknow had taken his wrist watch on the promise that he will return it but the same was not returned. When the same was demanded, he gave false promise. Yesterday appellant Sullu came to the house of Mumtaz which is his in-laws place. Then sister of the complainant Gudiya kept the bicycle of the appellant Sullu, due to which appellant Sullu got annoyed, so today at 11.00 A.M. Sullu along with his companions Virendra Yadav, resident of Pipraghat, Munna, resident of Dilkusha Garden and Govind resident of Kali Viran Mandir, R.A.K. Marg came there laced with country made pistol and batons in their hands. At that time mother, father, sister-in-law (Bhabhi), Sister Gudiya, wife and uncle Siddiq were present. All of sudden Sullu came there and exhorted to kill them and opened fire which hit father of the complainant due to which he fallen down and became unconscious. When uncle of the complainant Siddiq and brother of the complainant rushed to save them, the Govind opened fire upon them, which hit uncle of the complainant and beaten Pappu with lathi and danda. Having heard the commotion, the accused persons fled away leaving one Scooter No. U.M.L. 5209 on the spot.