- (1.)This appeal has been preferred against the judgment and order dated 31.01.2017 passed by Additional Sessions Judge, Court No. 2, Jaunpur in S.T. No. 16 of 2013 ( State vs. Rajesh alias Pillu and Two Others), under Sections 302 , 504 , 506 of Indian Penal Code (hereinafter referred to as ' I.P.C .') and in S.T. No. 17 of 2013 ( State vs. Ajay Kumar Yadav ), under Section 3 / 25 of Arms Act, police station Baksha, district Jaunpur, whereby accused-appellants, namely, Rajesh alias Pillu, Satish and Ajay alias Munna have been convicted under Section 302 / 34 , 504 and 506 of IPC and sentenced to imprisonment for life along with fine of Rs. 10,000/- each under section 302 / 34 IPC and in default of payment of fine, they have to undergo to six months additional imprisonment. They have been sentenced to undergo one year rigorous imprisonment under Section 504 of IPC and two years rigorous imprisonment under Section 506 of IPC. However, accused-appellant Ajay alias Munna was acquitted of the offence under Section 3 / 25 of Arms Act. All the sentences were directed to be run concurrently.
(2.)According to prosecution version, there was land related enmity between complainant Rakesh Kumar and accused persons. It is alleged that on intervening night of 9/10.11.2012 at around 1:00 AM, while complainant and his family members were sleeping at their Verandah, accused-appellants Rajesh alias Pillu, Satish and Ajay came on a motorcycle and fired a bullet at temple of complainant's Chamanath, who was also sleeping in Verandah. Hearing sound of firing, complainant and his brothers Ashok, Rajesh and nephew Rajanikant awoke and raised an alarm, but accused persons went away from the spot by threatening them.
(3.)Complainant Rakesh Kumar reported the matter to the police by submitting a tehrir Ex. Ka-1 and on that basis, case was registered on 10.11.2012 at 02:40 am against all the three accused persons under Sections 302 , 504 , 506 of IPC vide FIR Ex. Ka-3.