MOHAMMAD RAFIQ, J. - (1.) This appeal has been filed by accused-appellants Veeru alias Virendra Singh Hada, Kunal Jethi and Imran Batli, challenging judgment dated 28.05.2012 passed by Additional Sessions Judge No. 3, Kota (for short 'the trial court') whereby the trail court convicted and sentenced the accused-appellants in the manner indicated below: Name of Accused Conviction And Sentence Veeru alias Virendra Singh Hada Under Section 302, 302/34 IPC and sentenced to imprisonment for life and fine of Rs. 10,000/- in default whereof to further undergo six months rigorous imprisonment. Under Section 3/25 Arms Act and sentenced to three years simple imprisonment and fine of Rs. 1,000/- in default whereof to further undergo one month's simple imprisonment. Kunal Jethi Under Section 302/34 IPC and sentenced to imprisonment for life and fine of Rs. 10,000/- in default whereof to further undergo six months rigorous imprisonment. Imran Batli Under Section 302/34 IPC and sentenced to imprisonment for life and fine of Rs. 10,000/- in default whereof to further undergo six months rigorous imprisonment.
(2.) Facts of the case are that on 18.06.2009, one Saurabh Maheshwari(P.W.1) submitted a written report(Exhibit P-1) to S.H.O., Police Station Jawahar Nagar, Kota City stating therein that on that day in the night at about 9.30 P.M., he, Abhishek Singh Rajawat and Satyendra Singh Tomar were talking each other, while sitting near Ambition Gym in Dadabadi, Jawahar Nagar. Hemant, Bantu and Sonu were sitting on roof of Gym. At that time, three persons came on a motorcycle, one of whom was Kunal Jethi and another one was Virendra Rajput @ Veeru. Third person had long hairs. On arrival, Kunal and the boy standing behind exhorted Virendra to kill them(Informant and his companions). Virendra took out his pistol from right side pocket of his pants and fired at the neck of Satyendra from close range, as a result of which, he fell down. The informant raised hue and cry, upon which all the assailants ran away. Vijendra Singh Tomar, elder brother of Satyendra also arrived there, who saw the assailants running from the place of incident. It was alleged that the accused had heated exchange of words with Hemant before the incident. Thereafter, Satyendra was taken to Sudha Hospital in a car.
(3.) On the basis of aforesaid written report(Exhibit P-1), regular FIR No. 155/2009 was chalked out at Police Station Jawahar Nagar, Kota for offence under Sections 307, 34 IPC. Satyendra died on 22.06.2009, therefore, offence under Section 302/34 IPC was added to already registered FIR. Upon completion of investigation, charge sheet under Section 302/34 IPC and Section 3/25 Arms Act was filed against the accused-appellants before the trial court. Charges under Sections 302/34 and 302 IPC were framed against the accused-appellants. Separate charge under Section 3/25 Arms was framed against accused-appellant Veeru alias Virendra Singh Hada. The accused-appellants denied the charges and claimed trial. The prosecution produced 24 witnesses and exhibited 59 documents. Thereafter, the accused-appellants were examined under Section 313 Cr.P.C., 1973 wherein they pleaded not guilty. Although, the accused-appellant did not produce any witness, but exhibited two documents. The trial court, on conclusion of trial, vide judgment dated 28.05.2012 convicted and sentenced the accused-appellants in the manner as indicated above. Hence, this appeal by the accused-appellants.;