MAHENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 30/3/2013, passed by the learned Additional Sessions Judge, Room No. 6, District Kaushambi in Sessions Trial No. 614 of 2009, State vs. Mahendra Singh @ Chottan arising out of Case Crime No. 232 of 2009, under Ss. 302, 404, 411 IPC, Police Station - Pipari, District - Kaushambi and Sessions Trial No. 613 of 2009, State Vs. Mahendra Singh @ Chottan arising out of Case Crime No. 233 of 2009, under Ss. 25 Arms Act, Police Station - Pipari, District - Kaushambi; whereby the appellant Mahendra Singh @ Chottan has been convicted under Sec. 302 IPC and sentenced to life imprisonment along with fine of Rs.5,000.00 and in default to undergo five months additional imprisonment; for the offence under Sec. 404 and 411 IPC rigorous imprisonment for three years alongwith fine of Rs.1,000.00 and in default to undergo one month additional imprisonment, each, and for the offence under Sec. 25 Arms Act rigorous imprisonment for two years along with fine of Rs.1,000.00 and in default to undergo one month additional imprisonment. All the sentences are directed to run concurrently.

(2.) Prosecution case, in brief, is that the informant's elder brother Rambhawan Singh (deceased) was running a brickkiln and the accused appellant, who was his wife's cousin, used to be with him and all his expenses were borne by the deceased. The deceased had a licensed revolver which he carried with him. On 11/8/2009, the deceased and accused both were at the brick-kiln and as it got late the informant (younger brother of the deceased) alongwith his nephew (son of the deceased) came to call the deceased to have his food at about 9.00 pm and saw that the appellant and deceased were grappling with each other. Suddenly the appellant took the licensed revolver of deceased, lying on the plank, and fired twice on the deceased and fled towards the east while hurling abuses. The deceased died on the spot and the incident was seen by chowkidars who were present at the spot. A written report of the incident was given to police by the first informant (Ext.Ka-1).

(3.) On the basis of the written report a first information report came to be registered (Ex. Ka. 16) and the investigation proceeded. The Investigating Officer reached the spot and recovered empty cartridge, mobile, watch and also collected bloodstained and plain soil. The inquest also followed. The inquest witnesses were of the view that the deceased died due to gunshot injury caused to the deceased. The dead body was sealed and sent to mortuary for postmortem. The postmortem of the deceased was conducted on 12/8/2009. The autopsy surgeon opined the cause of death to be shock and haemorrhage as a result of following ante-mortem gunshot injury:-