AJAI KUMAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Ram Lakhan Verma, learned counsel for the appellant and Sri Umesh Verma, learned Additional Government Advocate for the State were heard at length.

(2.) Instant criminal appeal has been preferred by appellant -Ajay Kumar Verma challenging the judgment and order dated 19.09.2008 passed by learned Additional Sessions Judge (F.T.C. Court No. 1), Ambedkar Nagar, in Sessions Trial No. 23 of 2004, arising out of Case Crime No. 207 of 2003, under Sec. 302 IPC, Police Station Kotwali Tanda, District Ambedkar Nagar, whereby the appellant Ajay Kumar Verma was convicted for the offence under Sec. 302 IPC and was sentenced with imprisonment for life and also with fine of Rs. 10,000/ - with default stipulation of one year additional imprisonment.

(3.) In brief, the case of the prosecution was that the complainant Arun Kumar Agarwal (who is not an eye witness of this case) who happens to be real brother of the deceased Ajay Kumar Agarwal has lodged an FIR at the Police Station Kotwali Tanda, District Ambedkar Nagar on 29.10.2003 at about 23:55 hours alleging therein that on 29 -10 -2003 at about 6.00 p.m. his elder brother Ajay Kumar Agarwal was sitting at his Jewellery shop situated in Mohalla Hayatganj, Chowk, Tanda, District Ambedkar Nagar alongwith Omkar Nath (PW -3). In the meantime, because of the old enmity regarding ancestral land in furtherance of conspiracy hatched by S.O. Sarnath Singh Police Station Kotwali Tanda, District Ambedkar Nagar, Ram Shila Verma and Ajay Kumar Verma sons of Keshav Ram Verma came to the shop of his brother armed with fire arms and immediately opened fire on his brother Ajay Kumar Agarwal. Seeing this incident the persons of the vicinity made an effort to apprehend the accused persons but the accused persons ran away from there making fires which caused terror in the Chowk area. Omkar and other persons had taken his injured brother immediately to Community Health Centre (CHC) Tanda whereby his brother was declared dead. This FIR was lodged on the same day at 23:55 hours. The distance from the police station to the place of occurrence was about half kilometer.