VINOD Vs. STATE OF U P

JUDGEMENT

(1.) -This criminal appeal has been filed under Section 374 (2), Cr. P.C. against the judgment and order dated 20.7.2002, passed by learned Additional Sessions Judge, Court No. 8, Bulandhahr in Sessions Trial No. 128 of 2000, State v. Vinod, under Section 302, I.P.C. relating to P. S. Shikarpur, district Bulandshahr and Sessions Trial No. 129 of 2000, State v. Vinod under Section 25 of Arms Act, P.S. Shikarpur, district Bulandshahr, whereby the learned Sessions Judge convicted the appellant under Section 302, I.P.C. and for the offence under Section 25 of Arms Act and sentenced him to life imprisonment for the offence punishable under Section 302, I.P.C. and rigorous imprisonment for three years and to pay fine of Rs. 2,000 and in default six months R. I. under Section 25 of Arms Act. However, it was ordered that both the sentences shall run concurrently.

(2.) THE facts for the purpose of this case are that about 4-1/2 months before the present occurrence murder of one Hari Bhagwan was committed. A report of that murder was lodged by one Om Prakash, in which deceased Mihi Lal Sharma of this occurrence and one Pradeep were named as accused. Deceased Hari Bhagwan was cousin of appellant Vinod. Rameshwar father of appellant Vinod was a witness in that case against the deceased of the present occurrence Mihi Lal Sharma. Because of this murder the family members of Hari Bhagwan bore enmity with the family of deceased Mihi Lal. Deceased Mihi Lal at the time of present occurrence was about 75 years of age.

(3.) THE blood stained earth and simple earth were sent for chemical examination. THE country made pistol recovered from the pointing out of appellant Ext. Ka-1 alongwith the used cartridge were sent for chemical examination. THE report of the Expert is Ext. Ka-23 and Ext. Ka-24 on the record and as per Ext. Ka-23 the used cartridge was fired from the country made pistol recovered on the pointing out of the appellant.