JAVED KHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the record.

(2.) THE appellant Javed Khan has preferred the Criminal Appeal No. 1099 of 2008 against the judgement and order dated 15.4.2008 passed by learned Sessions Judge, Lakhimpur Kheri in S.T. No. 199 of 2007 connected with S.T. No. 200 of 2007 whereby the appellant has been convicted for the offence punishable under section 302 IPC with a fine of Rs. 5,000/ - and section 3/25 Arms Act.

(3.) FROM the perusal of the record it reveals that the FIR of this case has been lodged by Rajesh Kumar Singh, P.W. 1 on 27.9.2005 at 7.10 P.M. in respect of the incident allegedly occurred on 27.9.2005 at about 6.00 P.M. alleging therein that about two and half years prior the alleged incident the appellant used to tease the deceased Kiran Singh and had used the obscene words against her, at that time she was student of IX class, its complaint has been made by her to her mother, brother and father, consequently the first informant and his father met the appellant and they tried to passify the matter by giving the warning not to tease the deceased any more. Thereafter the appellant bore the enmity with the first informant and his family members. On 27.9.2005 the first informant along with his mother Smt. Rajdei, P.W. 2 and his sister the deceased Kiran Singh had gone to the market, after purchasing the vegetables from the market, they were coming back to their home, the deceased Kiran Singh was followed by her mother and brother. At about 6.00 P.M. when the deceased reached in front the house of appellant, all of sudden the appellant appeared and discharged a shot by his country made pistol at the deceased causing the injury on her neck, she fell down screaming in pain. The first informant rushed to catch hold the appellant but he too threatened by the appellant and escaped from the place of the incident. The alleged incident was witnessed by the first informant, his mother and his Bua Smt. Champa Devi. According to the post mortem examination report the deceased had sustained a fire arm wounds of entry 1x1 cm x chest cavity deep on left side of neck, 6 cm. below left ear, margin inverted irregular echymosed, blackening and tattooing was present. On dissection one conical bullet was recovered. In support of the prosecution version P.W. 1 Rajesh Kumar Singh, P.W. 2 Smt. Rajdei have been examined as eye witnesses. P.W. 3 Jaskaran Lal has been examined as witness of the arrest of the appellant as well as recovery of country made pistol and empty cartridge. The remaining witnesses examined are formal in nature. The FIR of this case has been promptly lodged. The prosecution story is supported by post mortem examination report and the appellant is the sole accused who allegedly caused gun shot injury to the deceased. The strong motive has also been attributed. In such circumstances, the appellant is not entitled for bail. The prayer for bail is refused.