VIJAY KUMAR SHUKLA Vs. STATE

JUDGEMENT

(1.) Vijay Kumar Shukla (A-1) and Rajesh Raja (A-2) impugn judgment in Sessions Case No.09/2008 arising out of FIR No.48/2001, Police Station Rajender Nagar by which they were convicted for committing offences punishable under Sections 302/186/34 IPC; under Section 68 Excise Act and under Section 25/27 Arms Act and sentenced to undergo imprisonment for life with fine.

(2.) On 04.02.2001, Const.Krishan Kumar and Const.Kadam Ganga Dhar were on patrolling duty on motorcycle bearing No.DL-1SM- 0597 (TR-33) from 09.00 A.M. to 09.00 P.M. Const.Krishan Kumar was the driver and Const.Kadam Ganga Dhar was pillion rider. At about 07.30 P.M., at the corner of block No.27, they found a Maruti car in which two boys were consuming liquor at a public place. Const.Krishan Kumar, in the discharge of his official duties, went to check the car. He made enquiries from the driver and asked him to show his licence. He also took out a black colour bag from the car. On that, one of the boys (A-2) exhorted A-1 to fire at Const.Krishan Kumar as they were caught. A-1, thereafter, fired at him (Const.Krishan Kumar) twice on his chest and the assailants fled the spot. Kadam Ganga Dhar took Krishan Kumar to Ganga Ram Hospital where he was declared dead on arrival.

(3.) Insp.Mahipal Singh with staff reached Ganga Ram Hospital and recorded Kadam Ganga Dhar's statement. He prepared rukka and lodged First Information Report. He with his staff including Kadam Ganga Dhar went to the spot from the hospital and conducted necessary legal proceedings. Crime team and photographer were summoned. On checking the bag, it was found containing .315 bore country-made loaded pistol, four live cartridges (one of .315 bore and other three of .38 bore) etc. Two vouchers/receipts dated 29.11.1999 and 30.11.1999 bearing the name and address of Moolchand Sharma Building Material Supplier, Near Vikas Furnitures, Sector-22, Noida were also recovered from the spot and seized. Inquest proceedings were conducted and the body was sent for post-mortem examination. Dr.P.C.Dixit (PW-9) conducted post-mortem examination of the body on 05.02.2001.