MUNNA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sunil Kumar, learned counsel for the appellant and Sri N.K. Srivastava, learned A.G.A. for the State.

(2.) This appeal challenges the judgment and order dtd. 18/9/2015 passed by the Additional Sessions Judge, Banda in Sessions Trial Nos. 36 of 2011 and 37 of 2011 convicting and sentencing Munna Singh, appellant, for commission of offence under Ss. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') to undergo rigorous imprisonment for life with fine of Rs.20,000.00, in case of default of payment of fine, further to under go four month imprisonment.

(3.) Facts as culled out from the First Information Report, are that on 24/11/2010 at about 12.30 p.m., accused-respondent, Munna Singh came near the deceased, son of the complainant, who was sitting at (chabutra) and started quarreling with deceased and after some time, the accused took out his country made pistol (tamancha) and fired. Saida Parveen, daughter-in-law of complainant who was drawing water by hand pump had seen the incident. Md. Nafees Khan and his mother-in-law had also come at the spot on hearing the voice of gun shot and on hearing shouting of Saida Parveen that deceased-Momin was shot by Munna Singh. Munna Singh took out second country made pistol, threatened them and ran away from the place of incident. The son of complainant ran after the accused but due to fear returned back to the scene of incident. It was stated that he called for help but because of fear of Munna Singh, nobody came for rescue.