STATE OF U P Vs. VINEET KUMAR CHAUHAN

JUDGEMENT

(1.) Two persons, namely, Vineet Kumar Chauhan alias Pintu and Dharamveer were tried before the III Additional Sessions Judge, Moadabad in Sessions Trial No. 189 of 1994. The charges against Vineet Kumar Chauhan alias Pintu were under Sections 302/307/352/504 I.P.C. whereas the other accused Dharamveer was charged under Section 352 and 504 I.P.C.

(2.) The genesis of the prosecution case was the written F.I.R. lodged at Police Station Majhola, District Moradabad on 13.10.1993 at 11.50 A.M. by an eyewitness PW 1 Sri Krishna Sharrna (husband of the deceased Premwati). The incident took place on that date at about 9.45 A.M. in Mohalla Chiriya Tola, Police Station Majhola, District Moradabad at a distance of about 3 kms. from the Police Station. The accused Vineet Kumar Chauhan alias Pintu resided in front of the house of PW 1 Sri Krishna Sharma (informant). Me (Vineet Kumar) was doing the business of dish antenna providing such facility against charges. On the ill-fated day at about 9.45 A.M. the informant was there in his house and his children were busy in watching T.V. programme. Vineet and Dharamveer accused respondents went to his residence and tried to persuade his son PW 2 Ravindra Sharma to take connection of dish antenna from him. PW 2 Ravindra Sharma replied that (hey were already enjoying the T.V. programmes without taking any such connection and they needed no such connection. The accused took ill of it and started hurling abuses. Not only this, they manhandled PW 2 Ravindra Sharma. The informant and his wife intervened and turned them out of their house. Vineet hurriedly went to his house and brought out the licensed revolver of his father. With the intention of killing them, he started firing shots from the revolver. Me did so from the door of his house. Some of the shots hit the door of the informant and one of them hit his wife Premwati in her jaw. She was seriously injured. The accused then ran away. PW 1 Sri Krishna Sharma brought his injured wife to the hospital for treatment and thereafter lodged the F.I.R., resulting in the registering of the case and the investigation as usual at the hands of PW 6 SI Radhey Shyam Sharma. The chargesheet was filed under Sections 307 and 452 I.P.C. Smt. Premwati, however, died on 25.3.1994. It should also be related here that PW 4 Dr. Jagmal Singh had initially examined Premwati in District Hospital, Moradabad on 13.10.1993 at 11 A.M. The following injuries were found on her person:

(3.) Both the injuries were fresh. Injury No. 1 was alleged to have been caused by firearm but final opinion was reserved to be given after x-ray. Injury No. 2 was caused blunt object. On X-ray being taken, radio opaque shadow elongated was found in thoracic spine in dorsal region over T 5-6 and as such injury No. 1 was opined as caused by firearm.