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Court No. - 47

Case:- CRIMINAL APPEAL No. - 5596 of 2018

Appellant :- Harswaroop And 2 Ors.

Respondent:- State of U.P.

Counsel for Appellant:- Prakash Chandra Srivastava, Pradeep Kumar

Mishra, Vijay Shanker Tripathi, Vinod Shankar Tripathi

Counsel for Respondent:- G.A.

Hon'ble Ashwani Kumar Mishra, J.

Hon'ble Vinod Diwakar,J.

1. This appeal is by the accused-appellants Harswaroop, Anil

Kumar and Prem Shankar challenging the judgment and order dated

06.08.2018 passed by the court below in session Trial No. 195 of 2015

(State Vs. Harswaroop and Others), arising out of Case Crime No. 2934

of 2014, under Sections 147, 148, 149, 452, 307, 302, 504, 506 IPC and

Section 3(2) (V) of SC/ST Act, Police Station Sungarhi, District Pilibhit.

2. The accused-appellants have been convicted under Section 147

I.P.C. and sentenced to undergo one-year imprisonment, under Section

148 I.P.C. to undergo two years imprisonment, under Section 452/149

I.P.C. to undergo three years imprisonment and fine of Rs. 1,000/-, in

default of payment of fine six months additional imprisonment, under

Section 307/149 I.P.C. read with Section 3(2) (V) of SC/ST Act to

undergo life imprisonment and fine of Rs. 5,000/-, in default of payment

of fine one year additional imprisonment, under Section 302/149 I.P.C.

read with Section 3(2) (V) of SC/ST Act to undergo life imprisonment

and fine of Rs. 10,000/-, in default of payment of fine one year additional

imprisonment, under Section 504 I.P.C. to undergo six months

imprisonment, under Section 506 I.P.C. to undergo three years

imprisonment and under the Arms Act, the accused-appellants have been

sentenced to undergo imprisonment of two years, two years, three years

and six months respectively and fine of Rs. 500/- each and in default of

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fine six months, six months and eight months additiona imprisonment,

respectively. The sentences are to run concurrently.

3. Prosecution case proceeds on a written report of PW-2 Jaganlal,

as per which at about 8:00 PM he was sitting in his house when in front of

his door the accused dumped cow dung. The informant objected to it,

whereafter the accused Prem Shankar came armed with a licensed single

barrel gun of his father Kanhai Lal and Harswaroop, Anil and Shailendra

armed with country-made pistols barged into his courtyard and with the

intent to kill him resorted to indiscriminate firing on the informant and his

family members. The informant suffered a firearm injury on his left hand

whereas Vijendra sustained a firearm injury on his abdomen. The

informant's wife Munni Devi and daughter-in-law Saraswati somehow

managed to survive by rushing inside the house. A firearm injury was also

sustained by Dinesh Kumar. It is then stated that the accused persons

extended threats and fled from the spot. The incident was promptly

reported on the phone to the local police and as three injured were critical,

they were referred to Ram Murti Medical College, Bhojipura, Bareilly

where the informant's son Dinesh died at 9:00 a.m. The other son

Vijendra was admitted to the ICU. The informant, however, was

discharged after initial treatment. The FIR has been registered at 17:20

hours on 26th December 2014 in respect of the incident that occurred at

8:00 p.m. on 25th December 2014.

4. After receiving information about the incident of firing, the

police personnel rushed to the spot and collected the blood stains and

plain earth from the place of occurrence, vide Ext. A-27 and A-28. Two

empty cartridges of 12 bore have also been recovered. The injured were

medically examined at the District Hospital and the injury reports of

Vijendra and Jaganlal are on record, as per which the following injuries

have been caused to them:-

Injuries of Vijendra

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I. Multiple Fire Arm Entry Wound 22 x 17 cm. over

abdomen and chest lower part size vary from 0.1 x 0.2 cm.

x DNP to 0.3 cm. X 0.2 cm. x DNP. No blackening and

tattooing KUO X-ray chest.

II. Multiple F