Virendra Kumar Srivastava, J. - (1.) This criminal appeal has been preferred against judgement and order dated 26.11.2002, passed by Addl. Sessions Judge, Court no. 2, Fatehpur, in Session Trial No. 569 of 1996 (State Vs. Shivram and others) arising out of Case Crime No. 91 of 1996, u/s 307/34 I.P.C., P.S. Hussainganj, Distt. Fatehpur, whereby the accused-appellants, Anant Man Singh and Ram Pratap Singh (hereinafter referred as 'accused-appellants'), have been convicted u/s 307/34 I.P.C. and sentenced for rigorous imprisonment of 7 years and fine of Rs. 2,000/- to each and in case of default in payment of fine with an additional period of simple imprisonment of one month.
(2.) Briefly stated the facts of this case are that the accused-appellants Anant Man Singh @ Pappu Singh, Ram Pratap Singh and other co-accused Shivram Singh are the resident of Village- Jamarawa, P.S. Hussainganj, District- Fatehpur. Dharmendra Pratap Singh (P.W. 1) and Bachan Singh (P.W. 2) are also resident of the same village. According to the prosecution case, before six years of the said occurrence, Rajau Singh s/o co-accused Shivram Singh was murdered by some unknown person. Co-accused Shivram Singh had doubt that Rajau was murdered by Bachan Singh (P.W. 2).
(3.) On 16.6.1996 Dharmendra Pratap Singh (P.W.1), Bachan Singh (P.W. 2) and his son Satyendra Singh were present at local market Jamarawa and purchasing some grocery items from the grocery shop of Salik Ram at 5:00 p.m. Meanwhile, appellant-accused Anant Man Singh armed with country made pistol, Ram Pratap Singh armed with single barrel 12 bore licensed gun of co-accused Shivram Singh and co-accused Shivram Singh armed with lathi came there. Co-accused Shivram Singh exhorted appellant-accused Ram Pratap Singh and Anant Man Singh @ Pappu to kill Bachan Singh (P.W. 2). On his exhortation Ram Pratap Singh with his gun and Anant Man Singh with his tamancha fired shot at Bachan Singh (P.W. 2) which caused injuries on his head and right thigh. After causing the injuries co-accused Shivram Singh and accused-appellants fled away from the place of occurrence. At the time of occurrence Bachan Singh (P.W. 2) was also carrying his 12 bore licensed gun with him but he could not fire in his defence as there was crowd in the market.;