ANUJ CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this appeal, appellant Anuj Chauhan takes exceptions to his conviction recorded by learned Sessions Judge, Haridwar in Sessions Trial No. 256 of 2012 under Sec. 302, 504 of the Indian Penal Code, 1860 (hereinafter referred to as "Penal Code" for brevity) and under Sec. 27 and 30 of the Arms Act, 1959 (hereinafter referred to as "Arms Act" for brevity) vide judgment and order dtd. 19/12/2016 and he has been sentenced to undergo imprisonment for life and to pay a sum of Rs.5,000.00 and in default, to further undergo rigorous imprisonment of six months under Sec. 302 IPC; to undergo rigorous imprisonment of three years and to pay fine of Rs.2,000.00 and in default, to further undergo rigorous imprisonment of three months under Sec. 27 of the Arms Act.

(2.) Deceased Sanjay, younger brother of PW1 Mukesh Kumar - complainant in this case, was carrying on the business of construction activities. Appellant - Anuj Chauhan promised to secure a job for Ravinder and he was paid Rs.70,000.00 for it by the deceased. When appellant - Anuj Chauhan did not fulfil his promise, he was approached by deceased several times for return of the money. On 8/7/2012, deceased - Sanjay and PW2 Ravi Kumar went to the office of appellant - Anuj Chauhan situated in Shivalik Nagar asking him to return the money. When they arrived there, appellant was not present in his office but later on at about 11.00 - 11.30 a.m., he arrived at his office situated in Shivalik Nagar, Ranipur. There deceased Sanjay asked the appellant to return the money, as a result of which, the appellant started abusing him. When the deceased protested about the abuses made by the appellant, appellant - Anuj Chauhan took out his revolver and shot the deceased on his head. As a result of which, the deceased fell on the ground. He was shifted to Bhuma Niketan Hospital where he was given some treatment and referred to Jolly Grant Hospital wherefrom he was shifted to AIIMS, Delhi. Initially, on the date of incident, PW1 Mukesh Kumar lodged a report before police station - Ranipur for which case crime no. 252 of 2012 was registered under Sec. 307 of the Penal Code and the investigation of the case was taken up.

(3.) In order to prove its case, the prosecution has examined 15 witnesses, in total. PW2 Ravi Kumar is the solitary eye witness examined on behalf of the prosecution. PW1 Mukesh Kumar is the complainant, who happens to be the elder brother of the deceased. PW3 Ravinder Kumar speaks about the payment of Rs.70,000.00 to the appellant by deceased Sanjay Kumar. He is also a post occurrence witness. PW6 Shishir Chaudhary is also a post occurrence witness. He also speaks about the meeting of the deceased and PW2 Ravi Kumar with him just before the incident at Shivalik Nagar. PW5 Deshpal has not supported the case of the prosecution. PW10 Zuber Ahmad is a witness regarding the discussion held between the deceased and others regarding the recovery of money from the appellant. PW13 Ramu is witness to the seizure of bloodstained earth and simple earth from the spot. Rest of the witnesses are official witnesses. PW4 Dr. Kuldeep Kumar is the doctor, who attended the deceased, at the first instance and found injury on the head of the deceased caused by a firearm, when deceased was alive. He gave first aid treatment to the deceased and referred him to Jolly Grant Hospital. PW8 Balvir Singh, Sub Inspector of Police, attached to Police Station Safdarganj Enclave, New Delhi, has on receiving the information from AIIMS, Delhi prepared an inquest report on the dead body of the deceased. PW9 Head Constable P.Asha Ram has registered the FIR. PW 11 Dr. Sanjay Kumar, a doctor of AIIMS, who has conducted post mortem examination on the dead body of the deceased. PW12 Santa Ram is a Police Constable, who was present, when the appellant was arrested and from his possession a firearm was recovered along with five live and one empty cartridges. He has identified the firearm along with live and empty cartridges in the court. PW14 Vipin Bahuguna, Sub Inspector, Ranipur, is the investigating officer of the case. PW15 Madan Mohan Yadav is Scientific Officer of Forensic Science Laboratory, Lucknow, who has conducted the ballistic examination of the firearm and material object sent to him.