TARUN BHATIA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Tripathi, learned counsel for the appellants, Sri A.N. Mulla, Saghir Ahmad, learned AGAs for the State and Smt. Manju Thakur, brief holder of the State.

(2.) This criminal appeal has been filed by the appellants Tarun Bhatia and Raju @ Rajesh Bhatia both sons of late Tilak Raj Bhatia against the judgement and order dated 13/14.12.2005 passed by Additional Sessions Judge/Fast Track Court No.5, Kanpur Nagar in S.T. No. 226 of 2005 ( State of U.P. v. Tarun Bhatia and others) under Sections 302/34 IPC, P.S. Kakadeo, District Kanpur Nagar arising out of case crime no. 427 of 2004 and Sessions Trial No. 227 of 2005 (State of U.P. v. Tarun Bhatia and others), under Section 25/27 Arms Act, P.S. Kakadeo, District Kanpur Nagar (case crime no. 7 of 2005) by which both the appellants have been convicted and sentenced to imprisonment for life and a fine of Rs. 10,000/- and in case of default in depositing the fine, six months additional rigorous imprisonment each under Section 302/34 IPC. The appellant Tarun Bhatia has been further convicted and sentenced to 18 months rigorous imprisonment and a fine of Rs. 2000/- and in default of payment of fine one months additional rigorous imprisonment under Section 25 of the Arms Act and three years rigorous imprisonment and a fine of Rs. 3000/- together with additional three months rigorous imprisonment in case of default in depositing the fine under Section 27(1) Arms Act.

(3.) Briefly stated the facts of this case are that on the basis of a written report Ex. Ka-2 lodged by PW-2 Ramdas Yadav at P.S. Kakadeo District Kanpur Nagar on 19.12.2004 at 19.00 hours, case crime no. 427 of 2004 was registered against the appellants under Section 302 I.P.C. Check FIR Ex. Ka-4 was prepared by PW-4 Suraj Prasad Misra, who also made the relevant G.D.entry Ex. Ka-5. In the written report Ex. Ka-2 lodged by PW-2 Ramdas Yadav at P.S. Kakadeo, it was alleged that while on 19.12.2004 at about 19.00 hours PW-2 Ramdas had come out of his house to see off Kalpnath Yadav and Monu Bhatia who had come to his house on a social visit, he saw his son Ram Ashish coming towards his house from the side of "chakki wali gali" and as soon as they reached the turning near the park he saw both the accused armed with firearms coming out from the "atta chakki" of Anu Gupta and shooting his son with their firearms from behind, as a result of which he fell on the ground and died on the spot. After its registration, investigation of case crime no. 427 of 2004 was taken over by SHO Madhusudan Singh PW-5 who reached the place of incident and after appointing inquest witnesses conducted inquest on the cadaver of the deceased and prepared the site plan of the place of incident. He also recovered an empty cartridge and plain and blood stained earth and from the place of incident and prepared recovery memos and after preparing the relevant documents dispatched the deceased's dead body to the post mortem house for conducting the post mortem. During the course of investigation, the investigating officer after arresting the accused appellant Tarun Bhatia got a country made pistol (Tamanchey) recovered on his pointing out from a paddle factory in Vijay Nagar within the territorial jurisdiction of P.S. Kakadeo, District Kanpur Nagar on 03.01.2005 at 21.30 hours and prepared its recovery memo on the basis whereof case crime no. 7 of 2005 was registered against the accused appellant Tarun Bhatia at P.S. Kakadeo, District Kanpur Nagar under Sections 25/27 Arms Act.