BALVEER SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Abhishek Mayank, learned counsel for appellant and Sri Vikas Goswami, learned counsel for State.

(2.) This appeal has been preferred by the accused-appellant against the judgment and order dtd. 17/4/2018, passed by learned Additional Sessions Judge, Court No.10, Aligarh in Sessions Trial No.241 of 2016 (State of Uttar Pradesh Vs. Balveer Singh ) connected with Sessions Trial No.242 of 2016 arising out of Crime No.261 of 2015 connected with Crime No.05 of 2016 convicting the accused - appellant under Ss. 302 of Indian Penal Code, 1860 (in brevity 'IPC'), Police Station Dadon, District Aligarh and sentenced the accused-appellant to undergo imprisonment for life with fine of Rs.20,000.00 and in case of default of payment of fine, further to undergo simple imprisonment for a period of six months.

(3.) The prosecution story in brief is as follows, that on getting the information, it was scribed by Rajendra Singh s/o Har Prasad, Ext.Ka1 written-complaint was submitted in police-station Dadon, District Aligarh by the complainant Itwari Singh s/o Neksey r/o Ramnagar P.S.-Ramnagar P.S.-Dadon District-Aligarh on 18/11/2015 wherein it was mentioned that "Today on 18/11/2015, my brother Kundan aged around 45 years was sitting at his home and Balveer Singh s/o Bhurey Singh, son of my father's elder brother, was also present there. My brother had borrowed Rs.100.00 from Balveer Singh, over the return of which, a dispute arose between Balveer Singh and Kundan. On hearing hue and cry, when my wife Smt. Manoj Devi and he came out of the room, Balveer Singh son of my father's elder brother shot my brother Kundan in my presence and my wife at 9 p.m. and ran away. While running away, Balveer Singh took away the tamancha (country made gun) with him. On raising alarm by me, people from the surrounding area gathered there, who saw Balveer Singh running away. The information of the occurrence was conveyed on Number100. My brother's dead body is lying at the spot. Please take appropriate action by lodging my report."