KALYAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant-Kalyan @ Kallu @ Netrapal Singh against the judgment and order dtd. 22/11/2017, passed by learned Additional Sessions Judge, Court No.3, Shahjahanpur, in Session Trial No.1087 of 2003 (State vs. Kalyan @ Kallu @ Netrapal Singh) in Case Crime No.91 of 2003 under Sec. 304 IPC, Police Station-Katra, District-Shahjahanpur, whereby the appellant was convicted under Sec. 304 (2) and sentenced for 10 years' R.I. and also Rs.10,000.00 fine and in default of fine two years simple imprisonment. The appellant has also been convicted under Sec. 27 Arms Act, 1959, and sentenced for three years imprisonment and Rs.2,000.00 fine and in default of fine, six months simple imprisonment. All sentences were directed to run concurrently.

(2.) The brief facts of the case are that a written-report (Ex.ka1) was submitted in the police station by the informant Ramvir Sharma. It was stated in written-report that on 27/4/2003, there was marriage of a girl in the family of Rajendra Singh in Village-Chavarkhas, P.S.-Katra, where his father went for Erudition (Panditai). Accused-appellant Kalyan was also there from the side of bride. At the time of dwarchar, appellant was making fires from his licencee-gun, out of which one fire hit the shoulder of his father and he died on the spot. The occurrence took place at about 9:00 p.m. It is also stated that informant was on duty as Home-Guard in Bareilly and on getting the information of his father's death, he went to the police station on the next day and submitted the written-report. It is also stated that the occurrence was seen by many people of village, who were present in marriage.

(3.) On the basis of above written-report, Case Crime No.91 of 2003 was registered under Sec. 308 IPC against appellant-Kalyan s/o Gajraj Singh. The inquest report of deceased (Ex.ka3) was prepared on 28/4/2003 and injury on his right shoulder was found. Subsequently, dead-body was sent for postmortem, which was conducted in District Hospital Shahjahanpur on 29/4/2003 and antemortem injury of entry wound of fire-arm measuring 8cm x 7cm on the right side of chest below the shoulder was found. Antemortem injury was said to be the cause of death of the deceased-Rati Ram.