RANJEET Vs. STATE

JUDGEMENT

(1.) Ranjeet @ Sonu is aggrieved by the judgment dated April 03, 2014 convicting him for the offence punishable under Section 302 IPC and the order on sentence dated April 29, 2014 directing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 50,000/- and in default of payment of fine to undergo simple imprisonment for six months.

(2.) Besides Ranjeet @ Sonu, Inderjeet Singh @ Indee, Chander Shekhar @ Pinku, Shyam Singh and Rattan Singh were also charge sheeted as accused for conspiracy however, the learned Trial Court acquitted them and the leave to appeal being Crl.L.P.No.454/2014 filed by the State seeking their conviction has already been dismissed by this Court vide order dated July, 25, 2014.

(3.) Assailing the judgment, learned counsel for Ranjeet Singh submitted that admittedly the parties were inimical and a FIR under Section 307 was registered against complainant in the present FIR on the complaint of Ranjeet and others which was pending trial. The maker of the FIR Om Prakash, who stated to have seen the injured as well died before his deposition could be recorded in the Court. Raman, the brother of the deceased and son of Om Prakash has already been disbelieved by the learned Trial Court. As per the evidence of Neeraj, he had not seen the appellant firing at the deceased Manoj. Even accepting the version of Neeraj that he saw the appellant along with another person fleeing away from the spot after the incident, the same cannot be the sole ground for conviction. The weapon of offence allegedly recovered has not been exhibited in the present case.