YOGESH @ SONU THARU Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 872/2022 is filed by accused No.1 Pradeep Dabas while Criminal Appeal No.871/2022 has been filed by accused No.2 Yogesh @ Sonu Tharu. In both these appeals, the appellants have challenged the judgment of the High Court in confirming the conviction and sentence imposed against them for the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short "IPC") along with Ss. 25 and 27 of the Arms Act, 1959.

(2.) The case of the prosecution in a nutshell is that both the appellants and the deceased were called for a party hosted in celebration of the birthday of PW-24. There was an altercation between A2 and the deceased, pursuant to which A1 took the gun and fired at the deceased. The shot aimed at the deceased was missed. PW-19 who is the relative of deceased was also present at the place of occurrence. He went to the kitchen to bring the match box for the purpose of lighting the cigarette. At that point of time, as witnessed by him, A1 after handing over the gun to A2 while asking him to shoot the deceased, took it back and shot the deceased. It was a single shot which resulted in the homicidal death of the deceased.

(3.) The PW-31 informed PW-20 over phone, who, in turn, informed the police. PW-6 who is the constable along with PW-32 went to the scene of the occurrence, secured the body and sent it to the hospital and thereafter took it for postmortem. A statement was recorded from PW-19 which formed the basis of the First Information Report. The postmortem report indicates that the deceased was intoxicated. The aforesaid report is also in tune with the statement of PW-19 who deposed that he along with the deceased and the accused took liquor at the place of occurrence.