By way of instant Jail Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 07.6.2008 passed by Additional Sessions Judge, FTC-II, J.P. Nagar, in Sessions Trial Nos.508 of 2006 and 509 of 2006, State Vs. Surendra Singh, arising out of Case Crime Nos. 1186 of 2006 and 1221 of 2006 for offence under Sections 307 IPC and Section 25 Arms Act, respectively, Police Station- Amroha Dehat, District- J.P. Nagar, whereby the accused-appellant has been sentenced to undergo three years' R.I. coupled with fine Rs.1,000/- for offence under Section 307 IPC and one year R.I. coupled with fine Rs.1,000/- for offence under Section 25 Arms Act, respectively, and in default of payment of aforesaid fine, he will have to undergo additional one month imprisonment in each of the aforesaid offences.

2. At the very outset, it is relevant to take note of the fact that as per report sent vide letter dated 25.05.2017 by the Superintendent, District Jail, Bijnor, it has been intimated to this Court that the accused-appellant Surendra has already suffered the aforesaid entire sentence and after completing additional two months' simple imprisonment in lieu of not depositing the fine Rs.2,000/-, he has been released from District Jail, Bijnor.

3. But, mere sufferance of sentence of imprisonment and release pursuant thereto, would not ipso-facto, render this appeal infructuous, hence, the parties were heard on the merit of this appeal.

4. Crux of the event leading to the lodging of the first information report indicates that the informant- Om Prakash S/o Mukh Ram Singh R/o village- Diedera, Police Station- Amroha Dehat, District- J.P. Nagar lodged a written report at the police station- Amroha Dehat, District- J.P. Nagar at 4.00 P.M. on 23.09.2006 regarding some incident of firing, which took place on 21.09.2006 at 11.00 A.M. with the allegations that informant has two sons, namely, Jitendra Kumar (elder son) and Surendra (younger son). Both the sons of informant were inside the home on 21.09.2006. Informant's younger son Surendra, who was possessing country made gun in his hand appeared at the scene and fired on his elder son Jitendra Kumar around 11.00 A.M., which shot hit him on his stomach. The informant tried to catch hold of culprit, but he fled away towards forest. The injured Jitendra Kumar was taken to hospital with the help of villagers at District Hospital, Amroha, from where, he was referred to Moradabad and was given treatment at Sai Hospital, Moradabad. Thereafter, the informant went to lodge the report. Request was made for lodging the report and taking appropriate action. This written report is Exhibit Ka-1.

5. Entry of contents of written report was noted in the concerned check F.I.R. at 16.00 hours on 23.09.2006 at Case Crime No.1186 of 2006 u/s 307 I.P.C., Police Station- Amroha Dehat, District- J.P. Nagar, which is Ex.Ka.7. On the basis of entries so made in the check F.I.R., a case was registered against the accused-appellant in the concerned G.D. at rapat no.36 at 16.00 hours on 23.09.2006. Copy of G.D. is Ext. Ka.-8.

6. The investigation ensued and the same was entrusted to S.I. Babu Ram on 24.09.2006 after registration of the case. Thereafter, he proceeded to the spot and recorded the statement of witnesses and arrested the accused and also recorded the statement of the accused. He prepared site plan of the place of occurrence as Ext. Ka-9.

7. On the pointing out of accused- appellant, recovery of country-made pistol has been effectuated from the house of the accused-appellant, which recovery memo is Exhibit Ka-6 (Sessions Trial No.509 of 2006). Thereafter, a case was also registered at case crime no.1221 of 2006 at Police Station Amroha Dehat against the accused-appellant for offence under Section 25 Arms Act. Relevant entries were made in the General Diary. Thereafter, the Investigating Officer also prepared the site plan Exhibit Ka-13.

8. After completing the inve