PRAHLAD Vs. STATE OF U P

JUDGEMENT

(1.) Under Challenge in the instant criminal appeal is the judgment and order dated 22.04.2003 passed by learned Additional Sessions Judge/F.T.C., Court No.I, Ghaziabad, in Sessions Trial Nos.1329 of 2000 and 1330 of 2000, arising out of Case Crime Nos.40 of 2000 and 96 of 2000 respectively, Police Station Hapur Dehat, District Ghaziabad under Sections 302, 452 IPC and Section 25 of Arms Act, whereby the appellant Prahlad was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.15,000/- with default stipulation of one year additional rigorous imprisonment. He was further convicted for the offence under Section 452 IPC and was sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs.1000/- in default of payment of fine he was directed to undergo one month additional rigorous imprisonment. He was also convicted for the offence under Section 25 of Arms Act and was sentenced to undergo rigorous imprisonment for a period of one year and with fine of Rs.1000/- with default stipulation of one month's additional rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) Brief facts of the case are that the complainant Manoj Kumar lodged an FIR at Police Station Hapur Dehat, District Ghaziabad on 16.04.2000 at 1:30 a.m. alleging therein that in the intervening night of 15/16-04-2000 his brother Jai Bhagwan was sleeping with his wife on the roof of his house and there was light of lantern. On the roof of adjoining house, Smt. Premwati wife of Brijpal was also sleeping alongwith her children. In the night at about 11 a.m. appellant who happens to be relative of Premwati and was resident of village Khalauda, Police Station Dauraula, District Meerut came to the roof of Premwati and called her. Since Premwati was alone so she came on the roof of Jai Bhagwan and she said to Jai Bhagwan that Prahlad is a wagabond so she will not go near him and she will remain with him. In the meanwhile, appellant Prahlad also came on the roof of Jai Bhagwan. Jai Bhagwan asked him as to why he has come, this gave rise to altercation between them. Hearing the noise, the complainant also reached on the roof the appellant. Appellant Prahlad asked Jai Bhagwan (deceased) as to who are you to inquire, Premwati is his relative and he may call her anywhere. Jai Bhagwan asked Prahlad to go away from his roof. Feeling provoked by it appellant took out his countrymade pistol and fired on the deceased and thereafter he ran away from there. The complainant immediately took Jai Bhagwan to Khan Nursing home and after getting him admitted, he lodged the FIR. On the basis of this FIR the case was registered. During investigation the lantern which was present on the place of occurrence was taken into custody and its recovery memo was prepared. Injured Jai Bhagwan was medically examined on 15.04.2000 at about 11.50 p.m. The deceased died in the same night at 5.50 a.m. and thereafter the case was converted under Section 302 IPC. The postmortem of the deceased was conducted on 16.04.2000 at 2.00 p.m. and following ante-mortem injuries were found on his person:-

(3.) During pendency of the investigation the appellant was arrested by the Investigating Officer on 29.04.2000 and from his possession one countrymade pistol 315 bore was recovered and appellant also made confession that this is the weapon of offence by which he had fired on Jai Bhagwan.