JUGDISH NAI Vs. STATE

JUDGEMENT

(1.) THE ap­pellant, Jagdish Nai has preferred this ap­peal against the judgment and order dated 18.5.2007 rendered by Mr. Shiv Ram, Ad­ditional Sessions Judge, Court No. 3, Pilibhit, in S.T. Nos. 474 and 475 of 2004, State v. Jagdish Nai, whereby the learned Additional Sessions Judge has convicted and sentenced the appellant Jagdish Nai under section 302, I.P.C. to undergo imprisonment for life and also to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo further imprisonment of one year and has. further convicted and sentenced him under section 25 of the Arms Act to undergo rigorous imprison­ment of two years and also to pay a fine of Rs.1,000/- and in default of payment of fine to undergo additional imprisonment of six months.

(2.) THE prosecution story leading to this appeal is that the deceased Hari Om had developed illicit relations with the daughter of the appellant and that relation had come to the knowledge of the appel­lant, consequently, the appellant wanted to eliminate the deceased. On 3.3.2004, at about 3.00 PM, PW-2 Vidya Sagar, the de­ceased Hari Om, who was a real brother of PW-2 Vidya Sagar, and Shiv Om, the other brother of the complainant, were going to­gether towards the house of Radha Krishna of the village Akhaula and when they reached in front of the house of Radha Krishna, the appellant Jagdish Nai arrived there alongwith a country made pistol. When the deceased Hari Om noticed the presence of the appellant Jagdish Nai, he entered into the house of Radha Krishna but the appellant Jagdish Nai chased him and also entered in the house of Radha Krishna and assaulted him with a country made pistol from a close range, conse­quently the deceased sustained a fire arm injury near the neck and died on the spot. PW-2 Vidya Sagar and his brother Shiv Om tried to apprehend the appellant but they could not do so because the appellant loaded his country made pistol again and gave threatening to kill. In this way, the appellant managed his escape. Radha Krishna's wife Smt. Rajeshwari and his son Kamlesh Kumar (PW-1) were also present inside the house at the time of occurrence and had witnessed the occurrence. PW-2 Vidya Sagar immediately went to the police station Bisalpur and lodged the FIR (exhibit ka-1) on the same day at about 17.20 hours, on which basis the police registered the case and proceeded to make investigation.

(3.) IT may also be mentioned that the investigating officer arrested the appellant Jagdish Nai from his house on 9.4.2004 at about 21.30 hours and recovered from his possession a country made pistol alongwith a live cartridge. The appellant admitted his guilt before the police and stated that he killed the deceased with the fire arm recov­ered from him. PW-6 S.I. Munshi Ram Shukla prepared a recovery memo on spot, on which basis a case under section 25 of the Arms Act was also registered against the appellant. The investigation of the case under section 25 of the Arms Act was undertaken by S.I. Munshi Ram Shukla, who visited the place of recovery of the fire arm and live cartridge and prepared the site plan (Exhibit ka-14) and after concluding the investigation submitted all the papers of the case to the District Magistrate, Pilibhit for sanction, on which basis, the District Magistrate, Pilibhit accorded the sanction (Exhibit ka-15) for prosecution of the appellant Jagdish Nai under section 25 of the Arms Act.