Krishna Pratap Singh, J. - (1.) This Criminal Appeal has been filed against a judgement and order dated 30.09.2015 passed by the Additional Sessions Judge, Court No. 3, Hathras in ST No. 261 of 2008, arising out of case crime No. 833 of 2007, under Sections 302/34, 323/34, 504 IPC, PS Sikandrarau, district Hathras and ST No. 262 of 2008, arising out of case crime No. 851 of 2007, under Section 25 Arms, PS Sikandrarau, district Hathras whereby the learned Judge convicted and sentenced the appellant-Satish to life imprisonment and a fine of Rs. 40,000/- (rupees forty thousand only ) under Section 302 IPC, appellants Rakesh and Bablu to life imprisonment and a fine of Rs. 20,000/- each (rupees twenty thousand only ) under Section 302 read with section 34 IPC with default stipulation. Learned Judge further convicted and sentenced all the appellants to one month's imprisonment and a fine of Rs. 1000/- (rupees one thousand only ) under Section 323/34 IPC with default stipulation. Appellant-Satish was also convicted and sentenced to three years' rigorous imprisonment and a fine of Rs. 3,000/- under section 25 of the Arms Act and in default thereof, appellant-Satish was further directed to undergo two months' simple imprisonment.
(2.) However, by the same order, learned Judge acquitted the accused-appellants for the offence under Section 504 IPC.
(3.) The brief facts giving rise to the present appeal are that a written report was lodged by the informant-Brijesh Kumar Yadav at the police station Sikandrarau to the effect that about fifteen days prior to the occurrence there had been some altercation between Ram Gopal, father of the informant and Rakesh over the quarrel of children. On 20.12.2007, when his father was coming to his village from Sikandrarau, at about 2.00 PM, near the brick kiln field of Jaipal Singh, his father was assaulted by lathi and hockey by Rakesh, Prakash, Satish and Bablu. After being assaulted, his father came back to his house and sat on the roof. Thereafter his uncle Viresh also came there and started denouncing Satish and Prakash. At that time Prakash, Satish, Rakesh and Bablu came to the roof of Satish. Satish was carrying licensed gun of Prakash. They started abusing his uncle and thereafter Satish started firing with rifle. One of the shots, hit on the head of informant's uncle, due to which on being seriously injured fell down. The occurrence was witnessed by Smt. Ruma Devi, Smt. Saroj and Maanpal. The first informant took his father and uncle to the Government Hospital, Aligarh, where his uncle-Viresh was declared dead. This incident took place at 3.00 PM.;