Umesh Chandra Tripathi, J. - (1.) Heard Sri N.I. Jafri and Sri Noor Mohammad, learned for the appellants and learned A.G.A., for the State.
(2.) This criminal appeal is directed against the judgment and order dated 4.8.2009 passed by learned Addl. Sessions Judge/Special Judge (S.C./S.T. Act), Fast Track Court No. 1, Rampur in Sessions Trial No. 98 of 2004 (State Vs. Rajveer and others) arising out of Case Crime No. 30 of 2003, Sessions Trial No. 99 of 2004 (State Vs. Rajveer) arising out of Case Crime No. 34 of 2003, Sessions Trial No. 100 of 2004 (State Vs. Nanhe) arising out of Case Crime No. 35 of 2003 and Sessions Trial No. 399 of 2004 (State Vs. Chhotey) arising out of Case Crime No. 67 of 2003, Police Station Sahjadnagar, District Rampur whereby appellants/accused Rajveer, Nanhe, Chhotey s/o Sarafat, Chhotey s/o Peera Sah and Anish were convicted and sentenced as follows:- (i) Rigorous imprisonment for two years and fine of Rs. 5,00/- each under Section 147 Indian Penal Code (in short "IPC") and in case of default in payment of fine, additional rigorous imprisonment for one month has to be undergone. (ii) Rigorous imprisonment for two years and to pay fine of Rs. 5,00/- each under Section 148 IPC and in case of default in payment of fine, additional rigorous imprisonment for one month has to be undergone. (iii) Imprisonment for life and to pay fine of Rs. 5,000/- each under Section 302/149 IPC and in case of default in payment of fine, additional rigorous imprisonment for six months has to be undergone. Appellant/accused Chhotey s/o Sarafat, Rajveer and Nanhe were further convicted for the offence punishable under Section 25 Arms Act and sentenced to rigorous imprisonment for three years and fine of Rs. 1,000/- each and in case of default in payment of fine, additional rigorous imprisonment for two months has to be undergone. By the impugned judgment, appellant Chhotey s/o Sarafat, Chhotey s/o Peera Sah and Anish were acquitted from the offence punishable under Section 3 (1) (10) The Scheduled Castes and Tribes (Prevention of Atrocities) Act (in short "S.C./S.T. Act").
(3.) The brief facts of the prosecution case are that on 8.2.2003 at about 10:00 PM in the night accused Rajveer and Nanhe came at the residence of Smt. Bindrawati wife of Shankar Lal r/o Afzalpurpatti, District Rampur and took Shankar Lal husband of informant Smt. Bindrawati Devi with them. On hearing sound of firing, informant Smt. Bindrawati and her father-in-law Bhajan Lal and Brajkishore ran towards Masjid situated in front of residence of Shakeel Ahmad and saw that accused Rajveer and Nanhe fired on Shankar Lal, due to which he fell on the ground and the accused fled away from the spot. Shankar Lal died on the spot. Accused Rajveer and Nanhe had come for 2-3 times on the same day to call Shankar Lal for gambling but Shankar Lal had denied to go with them. Informant Smt. Bindrawati also told her husband Shankar Lal not to go for gambling with accused persons. On the written information of Smt. Bindrawati Devi, first information report at Case Crime No. 30 of 2003 at Police Station Sahjad Nagar under Section 302 IPC against Rajveer and Nanhe was lodged on the same day at 11:10 PM in the night.;