ARVIND SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 2/11/2020 passed by the Additional Sessions Judge, IV/Special Court (E.C. Act), Banda in Sessions Trial No. 71 of 2013 under Sec. 307, 504, 506 IPC and Sessions Trial No.72 of 2013 under Sec. 3/25 Arms Act, Police Station-Kotwali Nagar, District Banda whereby the appellant has been convicted and sentenced under Ss. 307 IPC for ten years rigorous imprisonment alongwith fine of Rs.20,000.00 and in default of payment of fine, he has to undergo three months additional imprisonment; under Sec. 3/25 Arms Act for five years rigorous imprisonment alongwith fine of Rs.10,000.00and in default of payment of fine, he has to undergo one month additional imprisonment.

(2.) A written complaint Ex. Ka-1 was submitted by P.W.-1 Smt. Rajkumari w/o late Shri Lalu Singh r/o Station Road, Thana Kotwali Versus Counsel for Appellant(s) : Mahesh Prasad Yadav, Pramod Kumar Srivastava, Shiv Singh, Shree Ram Pd Gupta Counsel for Respondent(s) : G.A. Arvind Singh ...Appellant(s) State of U.P. ...Respondent(s) Nagar, District Banda wherein she stated that her daughter Poonam Singh was married with Arvind Singh r/o Village Laama in year 2005. Arvind harassed and tortured her daughter for demanding dowry, leading her daughter to lodge a complaint at Kotwali Dehat. On July 22, 2012, Poonam visited her house. The next day on July 23, Arvind arrived at informant's house, armed with a country gun, and began threatening and abusing her family members. At about 10:30 am, he fired at informant's brother-in-law (Devar) Pappu Singh. He sustained injuries on his nose and was taken to District Hospital.

(3.) On basis of complaint, an FIR bearing Case Crime No.410 of 2012 under Sec. 307 504, 506 IPC was registered against appellant Arvind at about 11:50 am on 23/7/2012. Chik FIR Ex. Ka-3 was prepared by P.W.-5 Constable Rajesh Kumar Singh. Investigation was entrusted to P.W.-8 Inspector D.K. Saini. He recorded statements of witnesses and prepared site plan. Appellant was arrested by P.W.-7 Retd. Inspector Yatindra Singh who recovered weapon of offence at the instance of appellant on 10/8/2012. P.W.-10 Constable Jagdish Singh is witness of the alleged recovery. Recovery of country made gun led to registration of another FIR against appellant on 10/8/2012, bearing Case Crime No.464 of 2012 under Sec. 25 of Arms Act Police Station-Kotwali Nagar, District Banda. Detail of the said FIR was entered in the G.D. by P.W.-6 Constable Ram Vishal Yadav. This case was investigated by P.W.-9 Inspector Dev Singh, who prepared the site plan of recovery and proved the charge-sheet and prosecution sanction.