CHUNAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

(2.) THE instant criminal appeal has been preferred by the appellant -Chunan Singh challenging the judgment and order dated 09.06.2003 passed by learned Additional Sessions Judge, Court No.6, Unnao in Sessions Trial No.30 of 2002 under Section 302/34 IPC and Sessions Trial No.31 of 2002, under Section 25 Arms Act, relating to Case Crime Nos.320 of 2001 and 322 of 2001, Police Station Ajgain, District Unnao, whereby the appellant Chunan Singh alongwith one Rajendra Singh was tried for the aforesaid offences and by the impugned judgment the present appellant was convicted for the offence under Section 302 IPC and he was sentenced with imprisonment for life. However, co -accused Rajendra Singh was acquitted of the charges levelled against him. Appellant Chunan Singh was also acquitted for the offence under Section 25 Arms Act.

(3.) IN brief, the case of the prosecution was that the complainant Smt. Nirmala Devi lodged an FIR at Police Station Ajgain, District Unnao on 31.10.2001 at 16:45 hours alleging therein that on the same day the complainant, her son Vikram Singh and her daughter Seema Singh were present in the house. At about 2.00 p.m. the said Vikram Singh came out of the house and he was standing in the verandah of his house. Meanwhile appellant Chunan Singh armed with a country made pistol and co -accused Rajendra Singh armed with lathi reached there and hurled filthy abuses to Vikram Singh and appellant Chunan Singh fired at him which hit him on left side of his chest below the ribs due to which he fell down. The complainant Smt. Nirmala Devi raised alarm but co -accused Rajendra Singh closed her mouth. Hearing the noise several persons namely Bacchu Lal and others reached there then the accused persons went away from there extending threats of dire consequences. The complainant alongwith his son Vikram Singh, in injured condition, went to the police station and lodged the FIR. The case was initially registered under Section 307 IPC and it was initially investigated by S.I. Naresh Chandra Yadav and in the same night Vikram Singh succumbed to the injuries received by him, therefore, on the same day at 22:50 hours the case was converted under Section 302 IPC and further investigation was conducted by PW -6 S.O. Jaisraj Yadav. During investigation, the appellant and Rajendra Singh were arrested by the police on a secret information of an informer on 02.11.2001 at 10.30 a.m. One country made pistol was recovered from his possession which, as told by the accused, was the same weapon with which he has committed the offence.