PUNEET Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused-appellant, Puneet, against the judgment and order dtd. 29/8/2022 passed by the learned Special Judge (SC/ST Act), Gautam Buddha Nagar, whereby the appellant was convicted and sentenced in Sessions Trial No. 536 of 2019 (State of U.P. v. Puneet), arising out of Case Crime No. 1025 of 2018, under Sec. 302/34 IPC, Police Station Dadri, District Gautam Buddha Nagar, and in Sessions Trial No. 537 of 2019 (State of U.P. v. Puneet), arising out of Case Crime No. 374 of 2019, under Ss. 25/27 of the Arms Act, Police Station Dadri, District Gautam Buddha Nagar.

(2.) By the impugned judgment and order, the learned Special Judge (SC/ST Act), Gautam Buddha Nagar, convicted the appellant under Sec. 302/34 IPC and sentenced him to imprisonment for life with a fine of Rs.10,000.00, and in default of payment of fine, to undergo one months additional imprisonment. Appellant was also convicted under Ss. 25/27 of the Arms Act and sentenced to three years rigorous imprisonment with a fine of Rs.5,000.00, and in default of payment of fine, to undergo fifteen days additional imprisonment. Aggrieved by the said judgment and order of conviction and sentence dtd. 29/8/2022, the appellant has preferred the present criminal appeal before this Court.

(3.) According to the prosecution case, it is alleged that the informant, Mahesh Bhati, a resident of Village Luharli, stated that on 27/11/2018 his son, Mohit Bhati, aged about 25 years, was returning home from the Greater Noida Development Authority. At about 7:00 p.m., near Village Vasantpur (Naya Gaon), Mohit was shot by unknown persons, as a result of which he died. It is further alleged that the deceaseds car bearing registration no. UP16 BE-7011 was found parked at the place of occurrence. Information regarding the incident was conveyed to the informants younger son by unknown person. The injured Mohit Bhati was taken to Naveen Hospital, where he was declared dead by the attending doctors.