RAKESH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal was filed by appellant Rakesh Singh against the order of his conviction dated 31-1-2000. passed by Sessions Judge, Allahabad in S.T. No. 762 of 1996 and S.T. No. 506 of 1998 under Section 25 Arms Act. He was convicted in both the trials. In S.T. No. 762 of 1996 he was convicted under Section 302, I.P.C. and sentenced to life imprisonment. In S.T. No. 506 of 1998 he was convicted under Section 25 Arms Act and sentenced to one year R.I. and a fine of Rs. 2000.00. In default of payment of fine 6 months R.I. was also awarded. Both the sentences were to run concurrently.

(2.) The prosecution story as set up in the F.I.R., Ex. Ka-1, is that on 17-7-1996 at about 8.00-8.30 p.m., Anil Kumar Rai alias Chunmun was returning after making some purchase of house hold commodities like sugar, tea and soap along with his younger brother Sunil Kumar Rai alias Lala to their house. When they reached near the crossing of Beniganj that leads to their house, some altercation took place between Sunil Kumar Rai and the appellant and his brother. Sunil Kumar Rai rushed to his house and informed his elder brother about this altercation. The informant himself went to the spot to settle this quarrel. When they reached there, he found the elder brother of this appellant Triloki Singh exhorted him to kill the deceased. Thereupon the appellant went to his house and soon returned to the spot with licencened gun of his father. He opened fire twice on the deceased from it. As a consequence Sunil Kumar Rai fell to the ground. Both the accused appellant and his brother took to their heels thereafter. Injured Sunil Kumar Rai was immediately rushed to Madnani Nursing Home on a Maruti Van belonging to a neighbour Sanchi Dhaga wala. Written report, Ex. Ka. 1 was prepared by Pawan Kumar Rai. It was lodged at P.S. Khuldabad at 9.30 p.m. Dead body of Shushil Kumar Rai is lying in the nursing home was mentioned in this F.I.R. Distance of the place of occurrence from P.S. Khuldabad is 3 Kms.

(3.) Head Constable Om Prakash Singh prepared the check report and made entries in the general diary No. 41 at 9.45 p.m. copies of which are Exts. Ka. 4 and Ka. 5. The investigation of the case was entrusted to S.H.O., P.S. Khuldabad in his absentia. He was communicated information of the case on R.T. set immediately. On receiving this information he rushed to the spot. Statement of the informant Pawan Kumar Rai was recorded. He also prepared site plan, Ex. Ka. 12 of the place of occurrence same night. He got information about the movement of accused persons towards G.T. Road. He made their arrest from there. On their arrest they told him that the weapon used in the commission of offence belong to their father who is a Sub-Inspector and they kept this gun in their house. It could be got recovered by them from there. The recovery was effected at the instance of this appellant by Pawan Kumar Singh, S.H.O., P.S. Khuldabad. A belt of live cartridge was also recovered by the S.H.O. On opening the chamber of the gun, one spent cartridge was found embedeed therein. One cartridge was also handed over by the appellant which was lying in front of his house. Recovery memo of these was prepared by the S.I. The recovered articles were sealed in the presence of the appellant who also signed it. It is Ex. Ka. 2. Thereafter simple earth and blood stained earth were recovered from the spot. Its fard recovery Ex. Ka. 3 was also prepared. These two accused were lodged at police station by S.I. Panna Lal. Thereafter I.O. Pawan Kumar went to Madanlal Nursing Home. Here he prepared inquest memo, Ex. Ka-4, on the body of deceased Sunil Kumar Rai. He also got prepared other papers relevant for post mortem of the deceased. They are Exts. Ka. 5 to Ka. 19. The dead body was sent to mortuary through Constables Govind Prasad Singh and Hira Lal. On the next morning at 8.00 a.m. he again visited the spot and recorded the statement of another eyewitness of the incident Surendra Singh. The recovered gun was sent along with spent cartridges to the Ballistic Expert, Lucknow, for its comparison. Statement of Head Moharrir Om Prakash Singh was also recorded. On 30-7-1996 he recorded statement of Km. Renu Rai, sister of the informant. Investigation in 25 Arms Act case was completed by PW 8 S.I. Surendra Singh.