SURYA UDAIVIR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order dtd. 8/10/2010 passed by the Sessions Judge, Mainpuri in Sessions Trial No. 364 of 2006 arising out of Case Crime No. 292 of 2006 (State Vs. Surya Udaivir alias Sonu and others) convicting and sentencing the appellant only under Sec. 302 I.P.C. with life imprisonment and fine of Rs.25,000.00 and in default of payment of fine, the accused has to undergo one year additional imprisonment.

(2.) The facts germane to this appeal are that on 16/6/2006 at 20.30 hours the first informant Ram Vilas lodged a first information report scribed by Satish Chandra Saxena at the Police Station Bewar District Mainpuri as Case Crime No. 292 of 2006 with the assertion that on 16/6/2006 he along with his cousin Subhash Chandra had gone to attend a feast in the village Bagpur. At about 6.00 p.m., when they were about to leave, Rajendra Singh, Rajiv and Surya Udaiveer Shatru Daman Singh alias Sonu suddenly came near Subhash Chandra and fired at him by a country made pistol. Subhash Chandra died on the spot. The accused persons fled away firing shots by their country made pistols. This incident created panic amongst the persons present in the 'Bhandara'. Ashok, Bantu, Mahendra s/o Babu Ram and all the persons present on the spot witnessed the incident.

(3.) After registration of the first information report as Case Crime No. 292 of 2006 the investigation was taken over by the S.I. Udaibhan Singh, who after reaching at the spot, recorded the statement of the complainant and because of night the inquest could only be conducted in the morning of 17/6/2006 at 7.15 a.m. The Investigating Officer prepared the inquest report, site plan and other necessary documents, sent the dead body for post mortem, took samples of blood stained and normal soil, prepared memo in that regard. Memo was also prepared regarding recovery of 20 pairs of shoes and 26 pairs of slippers, which were left by the mob on the spot due to panic. Additional statement of the complainant, the statements of the witnesses and statements of the accused persons in jail after their surrender were also recorded. The investigation culminated into filing of the charge sheet.