AVANEESH Vs. STATE OF U.P

JUDGEMENT

(1.) Avaneesh, the sole appellant in this appeal, has been convicted under Section 302 IPC and 25 Arm's Act by Additional Sessions Judge, Court no.9, Muzaffarnagar vide impugned judgment and order dated 18.9.2002 recorded in S.T. No.522 of 2002, State Vs. Avaneesh, under section 302 I.P.C. connected with S.T. No.523 of 2000, State Vs. Avaneesh, under Section 25 Arm's Act and has been sentenced to imprisonment for life with Rs.10,000/- fine and in default in payment thereof to serve one year additional imprisonment for the charge of murder and one year imprisonment with Rs.1000/- fine and in default in payment of fine to serve three months additional imprisonment under section 25 Arms Act. Out of an amount of Rs. 10,000/- fine, Rs.7,500/- has been awarded as compensation to the heirs of the deceased by the learned trial Judge. It is this judgment and order of conviction and sentence, which is under challenged in the instant appeal.

(2.) Narrated concisely the background facts, as are stated in the written FIR Ext. Ka-1 and testified during the trial by the two fact witnesses informant Padam Singh P.W.1 and eye-witness Pradeep Kumar P.W.2, are that on 26.1.2000 at 7 A.M. while the informant and the deceased (Rajendra) were proceeding towards their enclosure (gher) situated near informant's house and when they were passing through Teli Wala locality (Mohalla) near the house of Mazid in front of house of Noora, the appellant carrying a country made pistol in his hand met them and by uttering that he is going to repay, shot at Rajendra (deceased), who was the nephew of the informant. Informant raised alarm that Rajendra has been shot at, which attracted Vedpal and Pradeep P.W.2 at the spot. Sustaining gunshot injury Rajendra tottered to some distance and fell down in front of the house of Mazid. Appellant thereafter again shot at Rajendra at his head. On hue and cry raised by the informant and witnesses many villagers collected at the spot but the appellant escaped towards Chowdhrahan Patti in the east. Rajendra was rushed to the Bohra Nursing Home in a rented car of Kalu Nai and albeit he had expired en-route to the said Nursing Home, yet he was brought to the Nursing Home where he was declared dead and hence his corpse was brought back to the village and was put in the veranda.

(3.) Informant Padam Singh thereafter got the FIR Ext. Ka.1 penned down through Paramjeet son of Udaiveer, a co-villager, and carried it to the police station Bhorkala, district Muzaffarnagar at a distance of 5 kms, where he lodged it the same day at 1.30 p.m. after six and a half hours of the murder.