SUDARSHANSHAMBHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374 (2) Cr.P.C. against the judgment and order dtd. 16/3/1999 passed by 8th Additional Sessions Judge Sitapur in Sessions Trial No. 1337 of 1997 arising out of Case Crime No. 189 of 1996, U/s 147,148,149,307 IPC relating to Police Station- Kotwali, District- Sitapur, whereby convicted and sentenced the appellant under Sec. -307 I.P.C. for five years rigorous imprisonment with fine of Rs.500.00 and in default of payment of fine, six months additional rigorous imprisonment.

(2.) The prosecution story, in brief, is that the FIR of the alleged incident was lodged by the first informant Mukhtar Khan with the allegations that on 7/3/1996 at 7 pm, the appellant opened fire by country made pistol on the grand son of the first informant Ikrar Ahmad @ Guddu due to which, he got injury on the thigh and waist. At the time of incident, the appellant and his other associates Shiv Kumar, Rakesh, Dipu, Sushil, Bablu, Rajesh and Munna were also with the appellant they surrounded the injured and his associates instigated the appellant to kill the injured Ikrar Ahmad @ Guddu. This incident was witnessed by Arif Khan @ Suhel and Khursid. On this allegation, the written report was scribed by Wasir Ahmad and lodged by Mukhtar Khan before the police station Kotwali, Sitapur and the FIR was lodged against the appellant and other co-accused as Case Crime No. 186/1996.

(3.) The investigation of this case was entrusted to the Sub Inspector, Shyam Narayan. During course of investigation, the investigating officer recorded the statement of the first informant, Mukhtar Khan and other witnesses and prepared the site plan on pointing out of the first informant. During course of investigation, the investigating officer collected the medical report and also collected bloodstained cloth of the injured and prepared the recovery memo. Thereafter the statement of other witnesses was recorded U/s 161 CrPC and after collecting sufficient evidence, the charge sheet was submitted by the investigating officer against the appellant and other co-accused U/s 147,148,307/149 IPC on 19/3/1996. The charge-sheet was submitted before the CJM, Sitapur and CJM, Sitapur took cognizance and the case was committed to the court of sessions on 13/8/1997 where it was registered as S.T. No. 1337/1997 and it was transferred to the court of ASJ, court no. 18 for trial.