JUDGMENT

Suresh Kumar Gupta, J.

This criminal appeal has been filed under Section 374 (2) Cr.P.C. against the judgment and order dated 23.1.2002 passed by Additional District & Sessions Judge/F.T.C.-I, Lucknow in Sessions Trial No. 746 of 2001 arising out of Case Crime No. 4 of 2001 relating to Police Station- Chinhat, District- Lucknow, convicting and sentencing the appellant for the offence under Section- 307 I.P.C. for four years rigorous imprisonment with fine of Rs. 1,000/and in default of payment of fine six months additional simple imprisonment; and under Section- 452 I.P.C. for one year rigorous imprisonment with fine of Rs. 500/- and in default of payment of fine six months additional simple imprisonment.

2. The prosecution, in brief, is that the complainant Mohd. Shakil is the resident of Kanchanpur Matiyari, Chinhat, Lucknow, the accused Afjaal Husain is the resident of Amarsanda, Barabanki and Smt. Nazni Khatun who was the erstwhile wife of the accused Afjaal got divorce from the accused Afjaal Husain. Afterwards the complainant got married with Smt. Nazni and at the time of incident she resided with the complainant and her daughter Sabina. Due to this enmity on 3.1.2001 the accused persons namely, Afjaal armed with .315 bore country made pistol, Sahid armed with .303 bore country made pistol, Mansoor, Javed @ Guddu, Dinesh and Raja Jaswal armed with knife entered into the shop of the complainant Shakil and in order to commit murder immediately the accused Afjaal opened fire with .12 bore country made pistol. Due to this, the complainant had got gunshot injury in his chest and another fire was opened by the accused Sahid which inflicted in his thigh and due to this, the complainant fell on the earth. After hearing the sound of the fire and shriek the villagers namely, Irfan Pradhan, Parvez, Mohd. Latif and Sabbu rushed to the spot and on exhortation of the villagers, the accused rushed to Malhaur Station. This incident happened at around 5.30 pm. With the help of one Rajesh Kumar Jaiswal, the complainant rushed to the Chinhat police station. During intervening period someone informed the police, then immediately the sub inspector and other police personnel rushed to the spot and arrested the accused persons namely, Mansoor, Sahid, Javed, Raja and Dinesh. On the basis of written report, the FIR was lodged against the accused persons as case crime No. 04/2001, Under section 147,148,149,307 IPC and after arrest of these accused persons, the Fard was prepared by police personnel and case Under section 25 ARMS ACT was also lodged against the accused persons namely, Afjaal, Mansoor, Sahid, Dinesh, Raja and Javed alias Guddu as case crime Nos. 05/2001, 06/2001, 07/2001, 08/2001, 09/2001, 10/2001 respectively.

3. The case lodged against six accused persons including the appellant Afjaal Under section 147,148,149,307 IPC was investigated by Shri S.K. Katiyar, Sub Inspector and the case Under section 25 ARMS ACT was investigated by the S.I., Satyadeen Kanaujia.

4. After investigation, the charge sheet against the accused-appellant Afjaal and five other accused persons Under Section 147 ,148,149,307 IPC was submitted before the magistrate court who took cognizance and case was committed to the court of sessions and the sessions court framed the charges against Afjaal, Javed, Mansoor, Sahid, Dinesh and Raja Under Section 147 ,148, 307/149,452/149 IPC and Section 25 ARMS ACT . The charges were read over the accused persons in Hindi, but they denied the charges levelled against them and claimed to be tried. Since the offence was committed by the accused persons in single transa