MAYANK PARASARI Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant appeal has arisen from the judgement and order dtd. 16/9/2022 passed by Shri Sanjeev Kumar Tiwari, Special Judge SC/ST (P&A) Act, Rampur, in Sessions Trial No. 84 of 2011, State Versus Mayank Parasari whereby the appellant has been convicted and sentenced to undergo rigorous life imprison for the offence under Sec. 302 IPC and to pay fine Rs.50,000.00 and in default of payment of fine to further undergo simple imprisonment of two years; to undergo rigorous imprisonment of five years and to pay fine Rs.10,000.00 for the offence under Sec. 452 IPC and in default of payment of fine to further undergo six months further simple imprisonment. In Sessions Trial 85 of 2011, State Versus Mayank Parasari, the appellant has been convicted and sentenced to undergo rigorous imprisonment of three years and fine Rs.5,000.00 for the offence under Sec. 25(1) Arms Act and in default of payment of fine to further undergo simple imprisonment of two months. The appellant has been acquitted of the offence under Sec. 27 Arms Act, 1959.

(2.) According to the prosecution story as narrated in the FIR lodged by Geeta Devi (P.W.-1 at the trial), on 21/8/2010 at about 6:00 PM, the deceased Navdurgesh Mishra, his wife Pushpa Devi (P.W.-2 at the trial) and his mother Geeta Devi (PW-1) were sitting inside their house. Their 'Bataidar' Bhurey Singh Diwakar (D.W. 2 at the trial) was sitting outside their house. Just then the accused-appellant Mayank-a relative of Pushpa Devi entered that house carrying our country made pistol. He referred to the deceased, two earlier instances when allegedly the deceased had assaulted the accused - once during the former's marriage celebration and another just 10-15 days earlier. The accused also proclaimed earlier, the deceased had been saved, but now he would not spare him. At this the accused drew his country made pistol to the head of the deceased, little above his ear and shot him from point-blank range. The deceased fell to the ground. The accused fled from the spot with the weapon of assault. That later occurrence was witnessed by Naval Kishore Mishra, Ram Kishore Mishra, Shree Pal Singh and other not named persons (not examined at the trial) and Bhurey Singh Diwakar (D.W.- 2 at the trial). Also, the FIR narrated a quarrel that had taken place earlier, between the accused and the deceased, at the latter's marriage where the accused was beaten up by the guests of the deceased for reason the accused having fired a shot with a firearm. The Tehrir was written by Naval Kishore Mishra. PW-2 affixed her thumb impression to it. The Tehrir is dtd. 21/8/2010. It is Exhibit Ka-1. The FIR is also dtd. 21/8/2010, lodged at 08.05 P.M. It is Exhibit Ka-2. On 21/8/2010 itself, the S.H.O. recovered plain and blood-stained earth from the place of occurrence. The recovery memo is Exhibit Ka-21. The Panchayatnama was drawn on 21/8/2010 between 9.30 P.M. and 11.45 P.M. It is Exhibit Ka-5. On 22/8/2010, at 1.00 P.M., the dead body of the deceased was subjected to autopsy by Dr. Parag Agarwal (P.W.- 4 at the the trial). The Autopsy Report records the following ante-mortem injuries:

(3.) Also, the time of death was recorded-about within one day" and the cause of death-"due to firearm injury or ante-mortem causing coma". The Autopsy Report is Exhibit Ka-5.