SANJAY SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment and order dtd. 8/6/2018 passed by Additional District and Sessions Judge, Court No.9, Bulandshahar in Sessions Trial No. 247 of 2017 (State Vs. Sanjay Sharma) arising out of Case Crime No. 69 of 2016, under Sec. 302 IPC and Sessions Trial No.69 of 2018 (State Vs. Sanjay Sharma), under Sec. 25 of Arms Act arising out of Case Crime No. 70 of 2016, by which, learned trial court convicted the appellant under Sec. 302 IPC and sentenced him to undergo life imprisonment with fine of Rs.25,000.00 (Rs. Twenty Five Thousand) and in default of payment of fine one year additional imprisonment; and under Sec. 25 of Arms Act and sentenced the appellant to undergo three years rigorous imprisonment with fine of Rs.5000.00 (Rs. Five Thousand) and in default thereof three months additional imprisonment.

(2.) The prosecution story, in nutshell, is that on 16/2/2016, Rajendra Sharma (PW-1) lodged First Information Report of the present case under Ss. 302, 504 IPC at Police Station Gulawathi, District Bulandshahar against appellant-Sanjay Sharma, which was registered as Case Crime No. 69 of 2016 with the allegation that on 16/2/2016 his wife Smt. Laxmi (PW-3) and his son Ankit @ Lala (deceased) aged about 15 years along with his nephew Rakesh Sharma (PW-2) went to attend the function of ring ceremony (Sagai) of his relative, namely, Dev Dutt Sharma, and in the function of ring ceremony (Sagai), the appellant, who is son-in-law of Dev Dutt Sharma, was also present; at about 3.00 P.M. the appellant Sanjay Sharma called Ankit (deceased) on the roof and asked him to bring water for liquor; when Ankit (deceased) refused, appellant Sanjay Sharma started abusing him. On hearing the noise, PW-1's wife Smt. Laxmi and nephew Rakesh Sharma (PW-2) arrived at the roof and they witnessed that appellant-Sanjay Sharma, in a fit of anger, shot Ankit at about 3.30 P.M., as a result whereof, his son Ankit fell down and appellant-Sanjay Sharma managed to escape. It is mentioned in the FIR that information of the incident was given by informant's wife.

(3.) After registration of the FIR, police arrived at the house of Dev Dutt Sharma and investigation was started. During investigation, on same day i.e. on 16/2/2016, a country made pistol was recovered from the roof of the house of Dev Dutt Sharma in the presence of Rajendra Sharma (informant) P.W.-1 and Sri Nanak Chandra Sharma. The Investigating Officer prepared recovery memo of country made pistol as (Ext.Ka-11). On same day i.e. on 16/2/2016, Investigating Officer collected blood stained and plain scrape of roof from the spot and prepared recovery memo (Ext. Ka-12). Thereafter, inquest report of the dead body of Ankit was prepared on 16/2/2016 as (Ext.Ka-2) and post-mortem report of the deceased (Ankit) was prepared as (Ext.Ka-8). During post-mortem, doctor found two firearm wounds on the body of the deceased, one was entry and the other was exit. Both injuries communicating to each other. After investigation, Investigating Officer submitted charge-sheet on 23/5/2017 against the appellant, under Ss. 302, 504 IPC as (Ext. Ka-14) and also submitted charge-sheet against him under Sec. of 25 Arms Act on 30/6/2017. As the case under Arms Act was related to the present case both the cases were committed to the Court of Session. After committal of the case, on 29/7/2017, the trial court framed charges against the appellant under Ss. 302 and 504 IPC. On 22/2/2018 charge was also framed under Sec. 25 of Arms Act. Appellant pleaded not guilty and claimed trial.