AMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) In the present appeal facts of the prosecution case may be summarized as under :-

(2.) The trial court registered the Sessions Trial No.2 of 2008 (State Vs. Amar Singh) arising out of case crime no. 80 of 2007, under Section 304 IPC, P.S. Rajapur, District Chitrakoot and S.T. No. 3 of 2008 (State Vs. State), arising out of case crime no. 81 of 2007, under Section 25/27 of Arms Act, P.S. Rajapur, District Chitrakoot. The trial court framed the charge against the accused-Amar Singh under Section 304 IPC and 25/27 of Arms Act in the respective Sessions Trial Nos. 2 of 2008 and 3 of 2008. The charge was read over and explained to the accused Amar Singh, who denied the charge and claimed to be tried.

(3.) On behalf of prosecution to prove the charge against the accused Amar Singh in documentary evidence filed written information Ext. Ka-1, application dated 25.07.2007 Ext. K-2, inquest report Ext. Ka-6, recovery memo of the blood stained and plain clay Ext. Ka-7, recovery memo of one bullet and two spent cartridges 12 bore Ext. Ka-8, Postmortem report of the deceased Ext. Ka-9, police form no.33 Ext. Ka-10, letter to R.I. Ext. Ka-11, letter to CMO Ext. Ka-12, police form no.13 Ext. Ka-13, photocopy of blood stained and plain clay Ext. Ka-14, photocopy of taking in possession of one bullet and two spent cartridges 12 bore Ext. Ka-15, site plan of the occurrence Ext. Ka-16, recovery memo in regard to the DBBL Gun no.8722 along with four live cartridges 12 bore and arrest memo of the accused Ext. Ka-19, charge-sheet against accused-appellant in case crime no.80 of 2007, under Section 304 IPC Ext. Ka-17, charge-sheet against accused Amar Singh in case crime no.81 of 2007, under Section 25/27 Arms Act Ext. Ka-20, check FIR Ext. Ka-21.