VIJENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is preferred against the judgment and order dated 20.09.2005 passed by Additional Sessions Judge / Second FTC, Hardwar in Sessions Trial No. 284 of 2002 and Sessions Trial No. 285 of 2002. In Sessions Trial No. 284 of 2002, accused Vijendra was convicted and sentenced to undergo life imprisonment under section 302 Indian Penal Code (for short "IPC") and to pay a fine of Rs. 5000/-. In default of payment of fine, he has been ordered to undergo further six months rigorous imprisonment. In Sessions Trial No. 285 of 2002, accused Vijendra was also convicted and sentenced to undergo two-year rigorous imprisonment under section 25 of Arms Act and to pay a fine of Rs. 2000/-. In default of payment of fine, he has been ordered to undergo two-month rigorous imprisonment.

(2.) THE prosecution case, in brief, is that on 26.03.2002 complainant PW1 Shyam Lal along with his nephew Rajesh (deceased) were standing at Bus Stand, Laksar at about 3.00 p.m. Pradeep, son of Narendra, who was having scooter spare parts shop at Haridwar Road, Laksar came to Rajesh and asked him to accompany him to clear his accounts. Rajesh accompanied him. Complainant Shyam Lal also followed them. When Rajesh reached the shop of Pradeep, accused Vijendra, who was already present there, started abusing Rajesh and Vijendra stated that let his accounts be cleared. At that very moment, Vijendra took out one country made pistol from his waist and fired a shot towards Rajesh. At that time, PW2 Madan Lal and PW3 Dheer Singh were also present at the shop and had seen the occurrence. PW1 Shyam Lal immediately went to the police station Laksar and submitted complaint exhibit Ka 1 before SHO, Laksar on the basis of which chick First Information Report exhibit Ka 3 was recorded at 3.40 p.m. THE inquest report exhibit Ka 7 was prepared by PW8 SI Jawahar Singh Rathor. Dead body was made into sealed parcel and handed over to Constable Pramod Kumar and Constable Sudesh Kumar along with other papers for postmortem. On 26.03.2002 accused Vijendra surrendered himself before police and produced a 315 bore country made pistol, in whose barrel a cartridge was lying entrapped. He stated before police that he had fired at Rajesh with the said weapon. Accused Vijendra was taken into custody on the same day at 09.10 p.m. Country made pistol and empty cartridges were taken into possession vide memo exhibit Ka 5. Chick First Information Report under section 25 of the Arms Act was registered by PW11 Ram Chandra and investigation of the case was conducted by PW 10 Assistant Sub Inspector Dinesh Kumar. PW 10 Assistant Sub Inspector Dinesh Kumar obtained permission from the District Magistrate for prosecution of the accused under section 25 of the Arms Act which is exhibit Ka 14. PW11 Ram Chandra had prepared memo of country made pistol as material exhibit 7 and empty cartridge as material exhibit 8. THE postmortem of the dead body was conducted by PW5 Dr. O.P. Sharma and postmortem report is exhibit Ka 2.

(3.) ACCUSED when examined under section 313 Cr.P.C. denied the allegations put to him by the prosecution and pleaded false implication.