JASVEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 16/7/2014, passed by the learned Additional Sessions Judge/Special Judge (Essential Commodities Act), Mainpuri in Sessions Trial No. 82 of 2005, arising out of Case Crime No. 254 of 2004, under Sec. 302 IPC, Police Station - Bichhwan, District -Mainpuri; whereby the appellant Jasveer Singh has been convicted under Sec. 302 IPC and sentenced to life imprisonment along with fine of Rs.25,000.00 and in default of payment of fine to undergo two years additional rigorous imprisonment.

(2.) Prosecution case proceeds on a written report (Ex.Ka.1) of Megh Singh (PW-1), as per which, his nephew Pushppal Singh S/o late Totaram (deceased), aged 30 years used to work in Delhi for wages and would often visit his house to meet his family members who were living in the village. The deceased had come home for Diwali. His brother Jasveer Singh S/o late Totaram (accused appellant) was residing in the village and was running a Grocery Shop. The mother of the accused and deceased namely Anarkali was virtually blind and was residing with the family of the deceased. The deceased came to the accused a day earlier asking for money for the treatment of their mother but the accused refused to part any sum. An altercation took place between the two brothers at around 7.30 in the evening whereafter the accused went inside his house and came armed with a Tamancha (country-made pistol) and fired on the deceased in front of the door of the house. The deceased fell and died shortly, thereafter. On hearing the gunshot public gathered at the place of occurrence including Ramesh Chandra S/o Kedar Singh, Bahadur Singh S/o Vrindavan Singh, Maharaj Singh S/o Kanauri Lal, Nem Singh S/o Vir Sahai and dead body is lying at the spot.

(3.) On the basis of aforesaid written report, a first information report (Ex.Ka.-10) has been registered at Police Station - Bichhwan at 10.45 PM, on the date of incident i.e. 30/11/2004. The accused was later arrested and on his pointing out a country-made pistol has been recovered on 18/12/2004 from the open agricultural field in the presence of Saitan Singh alias Narendra Singh S/o Sardar Singh Lodhi and Ramsharan S/o Badan Singh Lodhi, pursuant to which a subsequent FIR under Sec. 25 Arms Act has been registered on 18/12/2004 (Ex.Ka.4). It is pursuant to these two FIRs that the accused appellant has been charged with offences under Sec. 302 IPC and 25 of the Arms Act and ultimately convicted under Sec. 302 IPC and sentenced to life.