TEJ SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS Criminal Appeal arises out of a judgment dated 09.08.2007 passed by learned Additional Sessions Judge, Court No. 2, Unnao, in Sessions Trial No. 307 of 2006 under Section and IPC and Section of the Arms Act recording conviction of appellant on all three counts and sentencing him to undergo imprisonment for life with a fine of Rs. 2,000/ - on first count; RI for seven years with a fine of Rs. 1,000/ - on second count, and only a fine of Rs. 1,000/ - on third count (Section Arms Act).

(2.) PROSECUTION case in brief is that complainant Rudra Pratap Singh lodged a report at Police Station Bihar, Unnao, on 23.04.2006 that 3 -4 days prior to the date of incident (22 -04 -2006), his cousin Tej Singh son of Ram Autar Singh had cut their wheat crop forcibly, and in order to resolve the dispute, Pradum Kumar, Rajendra Singh, Ram Pratap Singh, Udai Pratap Singh, Shiv Poojan Singh and the complainant himself, had gathered in the court yard of house of accused Tej Singh and were discussing the matter with him. All of sudden accused Tej Singh started abusing them, and at about 10.30 in the night, rushed into a room of the house. The complainant and others also followed him to the room. The moment Tej Singh entered the room, he picked up his gun and fired at Ram Pratap. At that moment, deceased Udai Pratap, brother of the complainant and witness Ram Pratap, came on the front and received the gunshot injury. Witness Ram Pratap also received pellet injuries from the gunshot. Thus, his brother Udai Pratap and Ram Pratap received pellets injuries from the gunshot fired by accused Tej Singh. At that time an emergency light was on in the house, and his family members carried the injured to District Hospital Unnao, and later on, he received a telephonic message that during the treatment in District Hospital, Unnao, the doctors declared his brother Udai Pratap brought dead. After receiving that information, the complainant went to Police Station Bihar and submitted a written report. However, out of shock and nervousness, having heard the news of death of his brother Udai Pratap, he forgot to mention some more facts.

(3.) DURING the course of trial, the prosecution examined as many as eight witnesses whereas the defence produced two. Learned Trial Court on appreciation of prosecution evidence held the accused -appellant guilty of charges as aforesaid.