SATYA VIR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The present criminal appeal has been preferred to set-aside the judgment and order dtd. 27/8/1996 partly, passed by IVth Additional Sessions Judge, Agra passed in Session Trial No. 665 of 1995, arising out of case crime no. 152 of 1995, under Sec. 302, IPC and Session Trial No. 664 of 1995, arising out of case crime no. 153 of 1995, under Sec. 25/27 of Arms Act, by which the trial court acquitted the appellant under Sec. 302, IPC, but convicted the appellant under Sec. 25/27 of Arms Act and sentenced him under Sec. 25/27 of Arms Act, one year rigorous imprisonment by a common judgment.

(2.) Present criminal appeal has been filed to set aside the conviction and sentence order passed in Session Trial No. 664 of 1995.

(3.) Brief facts of the case are that the first informant (PW-1) and his uncle Prem Singh (deceased), father Niranjan Singh (PW-2) and aunt Smt. Javitri Devi (PW-3) were returning to their village Undera after marketing from Fatehpur Sikri on 23/5/1995 at about 5:45 p.m. When they reached at the bus stand, the appellant came having country made pistol in his hand and shot fire his uncle and ran towards the market and the police chased him. His father Niranjan Singh and aunt Javitri Devi took his uncle to hospital by a jeep. There exists old enmity between the appellant and his party as the appellant murdered two persons Vijay Singh and Sahab Singh earlier in which the appellant has been convicted by life imprisonment. Due to this enmity, the appellant shot fire his uncle.