UDAY SINGH GUJAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in this appeal is the judgment and order dated 21.1.2009 passed by Special Judge, Mathura

(3.) Abridged facts, necessary for disposal of the instant appeal, are that on 16.7.2006 at 6:40 a.m. complainant Baldev Prasad, who happens to be father of deceased Sanjeev Kumar alias Banti lodged an F.I.R. alleging therein that on 15.7.2006, he, along with his son Sanjeev Kumar alias Banti, had gone to the house of his younger brother Ghanshyam Das in connection with the celebration of birth of grandson of his brother. At about 7:30 p.m. appellant Uday Singh Gujar alias Fauji, who happens to be the neighbour of the complainant, also reached there armed with his DBBL licensed gun. It was alleged in the F.I.R. that he demanded some money in extortion (Chauth) from Banti. His son replied that what for he should make payment and you are a Goonda. This provoked appellant Uday Singh Gujar and he fired with his double barrel gun on the deceased which hit on his neck. The complainant immediately took his son to Methodist Hospital, Mathura where the doctor declared the case to be hopeless and advised to take his son to Delhi. Thereafter the complainant took his son to Escort Hospital Faridabad where the doctor again declared the case to be hopeless and Banti was taken to Appollo Hospital, Delhi, where he was declared to be dead. Thereafter the complainant brought the dead body of his son to his house at about 5:00 a.m. in the morning. The incident is alleged to have been witnessed by Ghanshyam, Ashok Kumar, Rakesh Kumar and Vishnu Dutt. Thereafter the complainant went to lodge the F.I.R. of this case.