GAURAV SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) These three appeals are directed against the judgment and order dtd. 20/1/2017, passed by the learned Additional Sessions Judge Court No. 01, Bijnor in Sessions Trial No. 85 of 2014 (State Vs. Gaurav Sharma @ Sonu and others), arising out of Case Crime No. 22 of 2013, under Ss. 147, 148, 302/149 IPC, Police Station ' Kotwali Nagar, District ' Bijnor; in Sessions Trial No. 86 of 2014 (State Vs. Gaurav Sharma @ Sonu), arising out of Case Crime No. 25 of 2013, under Sec. 25 of the Arms Act, Police Station ' Kotwali Nagar, District ' Bijnor; in Sessions Trial No. 87 of 2014 (State Vs. Gautam), arising out of Case Crime No. 142 of 2013, under Sec. 25 Arms Act, Police Station ' Kotwali Nagar, District ' Bijnor; and in Sessions Trial No. 88 of 2014, arising out of Case Crime No. 22 of 2013, under Ss. 147, 148, 302/149 IPC, Police Station ' Kotwali Nagar, District ' Bijnor; whereby the appellants Gaurav Sharma @ Sonu, Gautam Sharma, Uttam Kumar Sharma, Sandeep Bhardwaj and Ankit Bhardwaj have been convicted under sec. 302 read with 149 IPC and sentenced to life imprisonment along with fine of Rs.25,000.00, each, and in default of payment of fine to undergo one year's additional imprisonment; rigorous imprisonment for three years alongwith fine of Rs.3,000.00 each, coupled with a default sentence of three months, under Sec. 148 I.P.C; and rigorous imprisonment for two years alongwith fine of Rs.2,000.00 each, coupled with a default sentence of two months, under Sec. 147 I.P.C. Accused Gaurav Sharma @ Sonu and Gautam Sharma have also been sentenced to rigorous imprisonment for seven years alongwith fine of Rs.5,000.00 each, coupled with a default sentence of six months, under Sec. 25 Arms Act. All the sentences are directed to run concurrently.

(2.) The prosecution case is based upon a written report (Ex.Ka.1) of the informant (PW-2), who happens to be the wife of the deceased, as per which, the maternal brother of her husband ,namely Gautam and Gaurav, sons of Parasuram Sharma, came to her house and talked to her husband for taking him to Surendra Nagar, near Awas Vikas, whereafter her husband informed that he is going with Gaurav and Gautam and would return soon. Amount running into lacs were due and payable to informant's husband by these two persons (Gaurav and Gautam). When the husband of PW-2 did not return, the informant got anxious and asked her brother-in-law (PW-1) to go to Surendra Nagar and look for him. PW-1, accordingly, left for Surendra Nagar where the accused Gautam, Gaurav and Uttam sons of Parasuram Sharma and Sandeep Bhardwaj and Ankit Bhardwaj, brother-in-law of Gaurav, were assaulting her husband with iron-rods. PW-1 raised an alarm, whereafter the aforesaid accused fired on her husband and fled. PW-1 had seen the assailants who killed her husband and, therefore, a report be lodged. On the basis of this information a first information report came to be lodged under Ss. 147/148/149/302 as Case Crime No. 22 of 2013.

(3.) Investigating Officer proceeded to the spot and collected plain and bloodstained sand, grits, etc. which were kept in separate boxes and sealed vide recovery memo marked as Ex.Ka-4. The Investigating Officer also recovered a 315 bore empty and bloodstained flat bullet which were sealed vide recovery memo marked as Ex.Ka.5. The police also recovered from the spot the Scooty belonging to deceased bearing Registration No. UP-20 J-3492 and Glasses with golden frame, mobile, a receipt of water tax and silver anklet which were sealed vide recovery memo marked as Ex.Ka-6.