RAJEEV MISRA,J. - (1.)By means of present criminal appeal, appellant Subodh Awasthy is challenging validity and legality of judgement and order dated 06.10.2009 passed by Additional District and Sessions Judge (Court no.2), Kanpur Dehat in Sessions Trial No. 298 of 2008 (State Vs. Subodh Awasthy) under Section 302 I.P.C. P.S. Shivli, District-Kanpur Dehat, arising out of Case Crime No. 331 of 2007, under Sections 307 and 302 I.P.C., P.S. Shivli, District, Kanpur Dehat and connected Sessions Trial No. 299 of 2008 (State Vs. Subodh Awasthy) under Sections 25/27 Arms Act, arising out of Case Crime No. 02 of 2008, under Sections 25/27 Arms Act, P.S. Shivli, District, Kanpur Dehat, whereby and where-under accused appellant has been convicted under Section 302 I.P.C. and consequently, sentenced to life imprisonment alongwith fine of Rs. 20,000/-. In default regarding payment of fine, accused appellant is to undergo additional imprisonment of one year. Accused appellant has also been convicted under Section 27 Arms Act. Accordingly, he has been sentenced to two years rigorous imprisonment alongwith fine of Rs. 2,000/-. In case of default in payment of aforesaid fine, accused-appellant is to undergo additional imprisonment of two months. All sentences are to run concurrently.
(2.)We have heard Mr. Kamal Krishna, learned Senior Counsel assisted by Mr. P. S. Yadav, learned counsel for appellant and Mr. Ajit Ray, learned A.G.A. for State.
(3.)Facts giving rise to this criminal appeal are that an incident is alleged to have occurred on 31.12.2007 at 8.30 PM, in which Sanjay Awasthy is alleged to have sustained gun shot injury caused by Subodh Awasthy. A written report dated 31.12.2007 (Ext. Ka.-1) was submitted by Dinesh Chandra Awasthy, first informant-brother of deceased at P.S. Shivli, District-Kanpur Dehat regarding aforesaid occurrence. The said written report is scribed and signed by P.W.-1 Dinesh Chandra Awasthy.