RAMENDRA YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) This jail appeal has been filed against the judgment and order of conviction dated 11.02.2015 and order of sentence dated 13.2.2015 passed by the Additional Sessions Judge, Second, Gautam Budh Nagar in S.T. No.381 of 2011 (State Vs. Ramendra Yadav) whereby the appellant Ramendra Yadav has been convicted for offence punishable under Section 302 IPC and has been sentenced to undergo imprisonment for life along with fine of Rs.50,000/- and default sentence of one year simple imprisonment.

(2.) The prosecution case, in nutshell, as taken in the FIR (Ex. Ka 1) is that PW-2's (informant's) brother-in-law, Indrajeet Singh Rathore (deceased no.1 - D-1) and one Sachin Tomar (deceased no.2 - D-2) were working for Pawan Security for the last two months. About four days before the date of incident, they were removed. On 15.02.2011, at about 7 pm, PW-2 with D-1 and D-2 visited Colonel Hostel of Sharda University for settlement of their dues. When D-1 and D-2 went to fetch their belongings from the guardroom, the appellant-Ramendra Yadav, the gunman, restrained them from picking the goods on which a fight broke out. The gunman picked up his double barrel gun and fired one shot at D-1 and the other at D-2, resulting in serious injuries to both of them. PW-2 and Pawan Security Supervisor, namely, Gurvinder Singh (P.W.6), who were there, arrested the accused on the spot with his double barren gun. The two injured were rushed to Sharda Hospital where they were declared dead. The FIR of the incident was registered at P.S. Kasna, District Gautam Budh Nagar at 20.10 hours on 15.02.2011, which was proved by the informant (PW-2).

(3.) The postmortem report (Ex. Ka-5) of D-1 prepared and proved by Dr. Raj Singh (PW3) disclosed a circular 6 cm x 5 cm bone deep firearm entry wound at left inguinal region with same sized hole on overlying shirt and pant with blackening. All the vascular channels (femoral artery and vein) ruptured. A plastic wad and deformed metallic foreign body was recovered from inguinal region near femur. The cause of death was due to excessive bleeding on account of firearm injury to main vascular vessel.