NAKUL SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 09.02.2012 passed by Additional District and Sessions Judge, Ex-Cadre, Court no. 2, Sultanpur in S.T. Nos. 298 of 2007 & 299 of 2007, corresponding to case crime no. 223 of 2007 under Section 302 of the IPC of P.S.- Bazar Shukul District Sultanpur and case crime no. 225 of 2007 under Section 3/25 of Arms Act, P.S.- Bazar Shukul, District Sultanpur, respectively, whereby and whereunder the appellant was convicted under section 302/34 of the IPC and 3/25 of the Arms Act and sentenced to undergo imprisonment for life and pay fine of Rs. 5000/- for the offences under Section 302 r/w 34 of the IPC. The appellant was further sentenced to undergo imprisonment for two years and pay fine of Rs. 1000/- for the offences under Section 3/25 of the Arms Act.

(2.) The case of prosecution, in short, as per the written statement of Sunil Kumar Sharma (P.W. 1) is that on 07.05.2007 at about 04.30 PM, he alongwith his brother- Vinod Kumar Sharma (deceased) and co-villager- Abhimanyu Sharma were sitting on a cot in front of shop of Shiva Kant Sharma and talking with each other. It is stated that at that time itself, appellant- Nakul Sharma and co-accused (Arjun Sharma) came in the shop of Carpenter, where Shyam Kumar and Bhagwan Deen were working. It is alleged that Nakul Sharma started talking with Shyam Kumar. At that time itself, informant's sister- Kanchan Kumari (P.W. 2) came and demanded money from the deceased for purchasing vegetable. At that time itself, Nakul Sharma fired on the deceased by a tamancha. It is then alleged that when informant and Abhimanyu were trying to catch Nakul Sharma, co-accused (Arjun Sharma) also fired from his tamancha, which also hit the deceased and then he who fell on the ground. Thereafter, both the accused fled away after making several fire. The informant further disclosed that the aforesaid occurrence took place because the deceased had inimical relation with Hitlal Sharma (father of Nakul Sharma), as the deceased contested the last election of village Pradhan, inspite of threatening given to him by Hitlal Sharma and his son for withdrawing his candidature.

(3.) On the basis of aforesaid information, the Police instituted the case and took up investigation. During the investigation, the Investigating Officer made inspection of the place of occurrence, prepared inquest report, sent the dead body for post-mortem examination and also recorded the statements of the witnesses. It further appears that after completing the investigation, the Police submitted charge-sheet against the appellant and co-accused Arjun Sharma under Section 302 of the IPC and also under section 3/25 of the Arms Act.