JUDGMENT :

Vikas Budhwar, J.

1. This appeal has been preferred against the judgment and order dated 11.09.2015 passed by Additional Sessions Judge/Special Judge Gangster Court No. 5 Sultanpur, in Gangster Case No. 379 of 2012 (State Vs. Prem Nath and Another) arising out of case crime no. 157/2002, u/s 302/34, 504, 506 IPC, and Section 3(1) of the U.P. Gangster & Anti-Social Activities (Prevention) Act 1986, P.S. Kotwali Dehat, District Sultanpur whereby the appellants have been convicted u/ s 302 of IPC for life imprisonment and a fine of Rs. 10,000/-and in default of fine one year additional imprisonment, u/s 506 IPC for 2 years rigorous imprisonment and fine of Rs. 1,000/-each and in default of fine one month additional imprisonment.

2. The brief facts of the case is worded in the present appeal are that the FIR was registered on 15.02.2002 at 08:10 a.m. on the basis of the information provided by the complainant Sri Haivat Ram Yadav S/o Ramaudaan alleging that on 15.02.2002 at 7 O’ clock in the morning Sri Haivat Ram along with his brother Latheru Ram had gone to the field to answer the nature’s call and when they reached the garden/field then besides the tree the appellants who are two in number being Prem Nath Yadav S/o Mahaveer Yadav and Sanjay Yadav S/o Ram Niwas were hiding who are resident of the same village where the complainant is residing. On account of old rivalry, they suddenly came out from the place where they were hiding behind the tree and hurled abuses and threatened to kill the complainant and his brother Latheru Ram S/o Ramaudaan Yadav and thereafter, they took out their country made pistol and with the intention of killing the complainant and his brother fired on account whereof the complainant lie down on the surface but the brother of the complainant being Latheru Ram sustained bullet injuries on his stomach as well as left hand and thereafter he became totally unconscious and fell down. Witnessing the said incident, the complainant started screaming for help and on that point of time Sher Bahadur S/o Bhagirathi and one Sri Mahendra Pratap S/o Ram Bahore who were coming on motorcycle came there and by that time the villagers also came at the place of occurrence and thereafter, both the accused had ran away from there while waving country made pistol in air hurling abuses and threatening to kill all of them.

3. Consequent to the same, FIR was lodged being case crime no. 157/2002, u/s 504, 506, 307 IPC against the appellants in P.S. Kotwali Dehat, District Sultanpur.

4. As per the records, it reveals that the time of the incident was somewhere at 7 O’ clock in the morning on 15.02.2002 and thereafter, the informant brought the deceased who was in injured condition, in his house whereat number of villagers got assembled and he waited 20-25 minutes for the police to come, however, as nobody has come, so the complainant accompanied the victim and proceeded for the police station at 07:30 in the morning in a jeep and the distance of the police station from the house of the complainant/victim was 8 kms. Thereafter, the FIR was lodged and the criminal case as referred to above was registered. It has also come on record that the victim/deceased was put to medical examination on the same day i.e. 15.02.2002 at 09:20 a.m. in the police station itself wherein the Blood Pressure was found to be not recordable, pulse found not palpable and the cause of injury was found to be fire arm injury, serious in nature. Therefore, the deceased was sent to District Hospital at Sultanpur as his condition was quite critical wherein he succumbed to the armed injuries at 09:45 a.m. As the victim died so section 302 of the IPC was also added and during the course of the investigation however, Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 was also put to motion. S.I. Indra Prakash Singh was h