SHIV KISHORE TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 11/9/2008, passed by the learned Sessions Judge, Hamirpur, in Session Trail No.158 of 2002 State vs. Shiv Kishore Tiwari @ Rajju Tiwari arising out of Case Crime No.62 of 2002 under Sec. 302 IPC, Police StationMaudaha, District- Hamirpur, whereby the appelant is convicted and sentenced for the offence under Sec. 302 IPC for life imprisonment with a fine of Rs.10,000.00 and in defalut of payment of fine, further R.I. for one year.

(2.) The brief facts of the case as culled out from the record are that a written report was submitted on 1/4/2002 by informant Ashok Kumar Tiwari at Police Station- Maudaha, District- Hamirpur with the averment that on 31/3/2002 at about 9:30 pm the neighbour of the informant Shiv Kishore @ Rajju son of Swamidin Tiwari was calling names and abusing standing at the door of his house. Vedmani Diwedi, his mother Smt. Sushila Diwedi and Ashutosh Diwedi told him not to abuse and asked to go inside the house. On this, Rajju went inside the house but after some time he again started abusing from his courtyard. On this informant, his mother Smt. Meera Devi and wife Suman Lata went on the roof of their house where bulb was lighting. At that point of time, Rajju triggered one fire from the courtyard with the gun in his hand. The uncle of the informant Shri Krishan Kumar @ Munni aged about 35 years was sleeping on his roof, he wake up and asked Rajju not to abuse and fire. Grandmother of the informant Smt. Shiv Kali who used to reside with aforesaid Munni was also standing there. When uncle of informant Shri Krishan Kumar stopped Rajju from abusing, Rajju went on Atari and triggered fire from there which hit the right temple of Krishan Kumar @ Munni who fell down and died on the spot.

(3.) On the basis of above report, a criminal case was registered at Police Station- Maudaha, District- Hamirpur as Crime No.62 of 2002, under Sec. 302 IPC and investigation was started. During the course of investigation, the I.O. recorded the statements of witnesses u/s 161 Cr.P.C., visted the spot and prepared site-plan. At the time of visiting the spot, I.O. found one empty cartridge from the place of occurrence and its recovery memo was prepared. I.O. also collected blood stained and plain earth from the spot. The inquest proceedings were conducted and inquest report was prepared. The dead body of the deceased was sent for post mortem, where post mortem was conducted by the doctor and post mortem report has prepared. During the course of investigation, accused-appellant Shiv Kishore @ Rajju Tiwari was arrested and on his pointing out a single barrel gun was recovered from his house. Its recovery memo was also prepared. Recovered gun and empty cartridge were sent to Forensic Science Laboratory for seeking the report. The aforesaid report was received.