DHARNIDHAR JHA, J.:-An occurrence was taking place at about 9.30 P.M. on 19.1.1990 somewhere described as village - Dayalpur within police station Barun in the district of Aurangabad in which one Arvind Kumar Singh, who was examined as P.W.3 by the court below, had received gun shot injuries - one on his right hand and the other on his buttock. The police reached his house, recorded his fardbeyan (Ext.1), on the basis of which the FIR of Barun police station case no. 6 of 1990 was drawn up.

2. The case was investigated into by the police and as many as thirteen persons were sent up for trial who were joined together at the trail by being charged under sections 147, 148, 307/149 IPC. The two appellants, namely, Birendra Singh and Rabindra Singh were distinctly charged under section 307 IPC, appellant Rabindra Singh further being distinctly charged under section 27 Arms Act. The trial was undertaken and the judgment was delivered by the learned Additional Sessions judge-cum-Presiding Officer, Fast Track Court-3, Aurangabad in S.T. No. 406 of 1990 / 102 of 2002 and by judgment dated 19th day of October, 2006 while eleven accused persons except the two appellants were acquitted, appella

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