AJIT Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri A. B.L. Gour, Senior Advocate, assisted by Sri Saurabh Gour, learned counsel for the appellant, Sri J.K. Upadhyay, learned A. G. A. for the State and Sri Gopal Swarup Chaturvedi, Senior Advocate assisted by Sri Ajat Shatru Pandey, learned counsel for the complainant.

(2.) THIS criminal appeal has been preferred by the appellant, Ajit against the judgement dated 3.2.2011 and order dated 4.2.2011 passed by the Additional Sessions Judge, Court No. 3, Bulandshahr in S.T. No. 1321 of 2008 convicting him under Section -302 read with Sections -34 and 120B I.P.C. and Section -25 of Arms Act and sentencing him to punishment of death to be hanged by neck till death for the offence under Section -302/34 I.P.C. together with fine of Rs. 1,00,000/ - to be paid to the family members of the victim, imprisonment for life under Section -302 read with Section 120B I.P.C. along with fine of Rs. 50,000/ - and in default of payment of fine, additional simple imprisonment of one year and imprisonment of two years under Section 25 of Arms Act together with fine of Rs. 10,000/ - and in case of default, further simple imprisonment of three months. All the sentences were directed to run concurrently. Reference made by the Additional Sessions Judge, Court No. 3, Bulandshahr to this Court for confirmation of death sentence passed by him against the appellant was registered as Reference No. 04 of 2011 before this Court and connected with this appeal by order dated 25.2.2011 passed by this Court is also being considered along with this appeal.

(3.) ON the basis of aforesaid written complaint of P.W. 4 Amit Nagpal, chek F.I.R. (Ext. Ka 8) was prepared at the police station by the police constable Dhyan Singh P.W. 6 and registered as Case Crime No. 100 of 2008 under Section 302 I.P.C. against Dr. Satyaveer and Sukhmal Chand Jain and entry thereof was made in the G. D. at serial No. 2, at about 00.45 A. M. on 28.3.2008, photostat copy whereof was brought on record as Ext. Ka 11. The investigation was entrusted to S.O. Karan Singh Chauhan P.W. 5 who along with S.I. Lal Mohd. P.W. 1, Constable Mahesh Chand and Constable Raj Kumar proceeded to the hospital where the corpse of the deceased Kishori Lal was kept. S.I. Lal Mohd. prepared the inquest report (Ext. Ka 1), sketch of the corpse (Ext. Ka 5) and challan corpse (Ext. Ka 4). He also prepared the letters addressed to the C. M. O. and R.I. Police (Ext. Ka 2 and Ext. Ka 3 respectively). According to the inquest report the deceased was wearing white coloured half safari shirt, half vest, white coloured safari pant, jockey underwear, white socks and Italian leather white shoes. The inquest report further indicated that the deceased had three blood smeared injuries on his right cheek, left side of forehead, front side of right hand, and an injury over the right elbow. According to the inquest report the deceased had died as a result of firearm injuries found on his body. The dead body of the deceased was packed and sealed and sent for autopsy. The post mortem of the dead body of the deceased was performed on 28.3.2008 at 2.00 P. M. by Dr. Aditya Pal Singh P.W. 2 who prepared the post mortem report (Ext. Ka 6), along with autopsy report and handed over to the police a sealed bundle containing the apparels and the shoes worn by the deceased at the time of the incident. According to the post mortem report of the deceased four firearm injuries were found on the dead body of the deceased including one exit wound.