DEEPAK JAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both the applications are of same accused, hence they are being decided together by this common judgment.

(2.) Having heard learned Counsel for the parties, it appears that the incident, in question occurred on 21.7.2010 at 10.30 p.m. in the corridor of Aroma Classic Hotel based at Rudrapur. It has been stated that on that day, father Jai Chand Jain and his two sons Chiraj Jain and Deepak Jain along with son-in-law Pulkit Jain, for some business purposes, came to meet two customers, namely, Prem Prakash Rastogi and Dinesh Kumar Rastogi, who too were got stayed in a room of that hotel by these accused persons. In this case injured Naresh Babbar is the hotel owner. After the conference finished with their customers, all the accused persons came out and began to talk mutually in a loud manner. The hotelier/injured came at the spot to check the accused persons and asked them not to talk loudly. After a verbal spiting, the quarrel escalated. In that sequence, Jai chand caught hold of one arm while accused Pulakit Jain caught hold of another arm of Naresh Babbar whereas Chirag and Deepak Jain remain standing in that assembly. Further, Jaichand handed over his revolver to his son Deepak Jain (applicant) and exhorted him to open fire upon Naresh Babbar. Applicant, in compliance of directions of his father, opened three fires one after the other. One fire hit just upper, portion of peter and the bullet went inside. Second fire touching the arm. also went inside and the third bullet could not hit the body of victim but hit the wall of corridor.

(3.) Two bullets were recovered from the body of injured in the medical examination and the third bullet was also got recovered after ten days from the wall of corridor by the Investigating Officer. The F.S.L. report suggests that one bullet matches to have been fired with the same revolver owned by Jai Chand while two bullets could not be assured to have been fired with the same weapon.