Hon'ble Arvind Singh Sangwan,J.

Hon'ble Ram Manohar Narayan Mishra,J.

(Delivered by Ram Manohar Narayan Mishra,J.)

1. Heard learned counsel for the appellants, learned counsel for the respondent No.2 and learned AGA for the State and perused the material placed on record.

2. As all these criminal appeals have arisen out of same judgement of conviction and sentence, hence, these are being decided by this common judgement:-

3. Above noted Criminal appeals have been preferred by the accused appellants namely, Dhruvjeet Singh, Vimlesh Singh, Santosh Singh, Rakesh Singh and Akhilesh with a prayer to set aside the judgment and order dated 26.9.2016, passed by Additional Sessions Judge/Special Judge Gangster Act, Court No.3, Ghazipur in Sessions Trial No.256 of 2013, State of U.P. vs. Dhruvjeet Singh and others in Case Crime No.136 of 2013, under Sections 147, 148, 149, 302, 307, 323, 504, 506 IPC and Section 7 of Criminal Law Amendment Act and Section 3/25 of Arms Act, Police Station Gahmar, District Ghazipur, whereby, they have been convicted and sentenced as under:-

(i) to undergo life imprisonment, with fine of Rs.10,000/-each and in default thereof they have to undergo six months additional imprisonment, under Section 302/149 IPC;

2 of 65 (ii) to undergo ten years rigorous imprisonment, with fine of Rs.5,000/-each and in default thereof they haveto undergo six months additional imprisonment, under Section 307/149 IPC;

(iii) to undergo six months imprisonment, with fine of Rs.1,000/-

each and in default thereof they have to undergo two months additional imprisonment, under Section 323 IPC;

(iv) to undergo one year imprisonment, with fine of Rs.1,000/-each and in default thereof they have to undergo two months additional imprisonment, under Section 504 IPC;

(v) to undergo one year imprisonment, with fine of Rs.1,000/-each and in default thereof they have to undergo two months additional imprisonment, under Section 506 IPC;

(vi) to undergo two years imprisonment, with fine of Rs.1,000/-each and in default thereof they have to undergo two months additional imprisonment, under Section 147 IPC;

(vii) to undergo two years imprisonment, with fine of Rs.1,000/-each and in default thereof they have to undergo two months additional imprisonment, under Section 148 IPC;

(viii) to undergo three months imprisonment, with fine of Rs.1,000/-

each and in default thereof they have to undergo one month additional imprisonment, under Section 7 of Criminal Law Amendment Act;

(ix) appellants namely, Rakesh Kumar Singh, Santosh Singh, Vimlesh Singh and Akhilesh Singh were also convicted and sentenced to undergo one year imprisonment, with fine of Rs.1,000/-

each and in default thereof they have to undergo three months additional imprisonment, for charge under Section 3/25 of Arms Act.

All the sentences are directed to run concurrently.

3 of 65

4. The prosecution case in brief is that the informant Digvijay Singh, son of Harivansh Singh, resident of Village Patti Khemanrai, Police Station Gahmar, District- Ghazipur, lodged an FIR at police station concerned on 25.4.2013, by presenting a written report (Ext.Ka1) with averment that on 25.4.2013 in the evening, his elder brother Ajay Singh, who was posted in Bengal Engineering (Army), Pune, as Hawaldar, informant, his father and uncle Shiv Shanker Singh were conversing in compound of the house, at around 20:15 hours, accused Dhruvjeet Singh arrived there with his four sons Rakesh Singh, Santosh Singh, Vimlesh Singh and Akhilesh Singh and exhorted his sons to kill informant’s side as they have increased their attitude. Thereupon, the four sons of Dhruvjeet opened fire on Ajay Singh, the elder brother of informant, indiscriminately, which hit him on chest and right hand and he fell down being seriously injured in pool of blood. The informant ran to save him but accused Vimlesh Singh hit hi