RAKESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed challenging the judgment dated 15.9.2012 passed by Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Bareilly in Session Trial No.484 of 2010 (State Vs. Rakesh Singh) arising out of Case Crime No.194 of 2009 under Section 307 IPC Police Station Visharatganj, district Bareilly, whereby the accused appellant has been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs.10,000/- and in default thereof, to further undergo six months imprisonment.

(2.) Brief facts of the case are that a written report dated 10.5.2009 was lodged at 8.30 a.m. at Police Station Visharatganj, district Bareilly by Shakuntala Devi stating that on 9.5.2009 there was a dinner party at the house of villager Ram Pal Kasyap which was attended by her and her son Vinay Singh @ Vinnu. At about 7.30 p.m. when her son was having dinner, the accused appellant Rakesh Singh reached the venue. On seeing her son, he took out a country-made pistol and fired at him, resulting in gunshot injuries. He was grievously injured and fell on the ground. The incident was witnessed by Mullu Singh s/o Brij Raj Singh, Pradeep Singh s/o Desh Pal Singh and several other persons. The accused appellant brandishing the pistol succeeded in running away from the spot. It is further stated in the report that Rakesh Singh bore animosity against her son, as he considered the first informant and her family responsible for death of his brother Mahesh, which took about 5-6 years back. The son of the first informant was taken to Siddhi Vinayak Hospital, where he was undergoing treatment. The report was lodged by constable Om Veer Singh. Sub Inspector Dev Raj Saroj investigated the offence. He recorded statement of the first informant, witnesses Mullu Singh and Pradeep. He also recorded statement of Pawan Singh and Yogendra Singh and prepared a site plan (Ext. Ka-5). On 15.5.2009, the accused appellant surrendered before the court and since then he is in jail. On 25.5.2009, the statement of the victim Vinay Singh was recorded. After completing the investigation, the investigating officer submitted charge sheet (Ext. Ka-6) against the accused appellant.

(3.) The defence examined seven witnesses namely Shakuntala Devi- first informant as PW-1, Mullu Singh-eye witness of the incident as PW-2, Om Veer Singh-the scribe of the chik report as PW-3, the injured victim Vinay Singh as PW-4, another eye witness Pradeep Singh as PW-5, Devraj Saroj-Sub Inspector who investigated the offence as PW-6 and Dr. Deepak Kudeshiya, who examined and treated the victim, as PW-7. The F.I.R. (Ext. Ka-1) was proved by PW-1; chik report (Ext. Ka-2) and G.D. (Ext.Ka-3) by PW-3; the sample of mud stained with blood and ordinary mud (Ext. Ka-4), Naksha Najari (Ext. Ka-5) and charge sheet (Ext. Ka-6) by PW-6.