VIKAS Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal filed on behalf of the accused -appellant, is directed against the judgment and order dated 17th February, 2012 passed by Sri Ram Achal Yadav, Additional Sessions Judge/Special Judge, E.C. Act, Faizabad in S.T. No. 118/2007 (State v/s. Vikas), whereby the appellant was convicted and sentenced under Sec. 302 I.P.C. to undergo imprisonment for life and to pay fine of Rs. 1,20,000/ - in default thereof to further undergo two years imprisonment and under Sec. 30 Arms Act to further undergo imprisonment of six months.

(2.) Briefly stated, in the appeal, prosecution case is that on 10th March, 2007, at 9.45 p.m. Smt. Meera Garg gave a written report at Police Station Kotwali Nagar, stating therein that her only son Tanuj Garg used to run a shop of Audio Video Cassettes and C.D. in the name of 'Geet Ghar' in her house No. 521 Mohalla Rakabganj. On that day at 9.00 p.m. when his son was preparing to close the shop, she heard some altercation and went inside the shop. There she saw Vikas Agarwal while abusing and threatening his son, took out his pistol and shot his son, who fell down. The occurrence was seen by other customers and servants of the shop. She took her son to the hospital, where he was declared dead.

(3.) At this chik F.I.R. was scribed. Case Crime No. 304 of 2007 under Sec. 302 I.P.C. was registered. Requisite entry was made in the report of the general diary and investigation was taken over by Inspector Sant Kumar Shukla, who arrested the appellant and on his pointing out, recovered the weapon of murder pistol, hidden beneath the mattress of Dewan, kept in the drawing room of his house. After competing the formalities, he submitted the chargesheet.