BHOPAL Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been preferred against the judgment and order dated 8.11.2002 passed by Sri D. S. Tripathi, the then Add. Sessions Judge/Fast Track Court-I, Ghaziabad in Sessions Trial No. 1940 of 2000, whereby the appellant-accused Bhopal has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000 under Section 302, Indian Penal Code with further imprisonment for six months in default of payment of fine in Case Crime No. 650 of 2000, P. S. Sihani Gate, Ghaziabad.

(2.) THE incident resulting in the death of Krishna Kumar Sharma, husband of the complainant Smt. Beena Sharma r/o 134, Luharpura, Ghaziabad, occurred on 4.9.2000 at about 9.50 p.m. on G.T. Road, Ghaziabad near Naz Hotel. First information report (Ext. Ka-8) was lodged by the complainant at P. S. Sihani Gate, Ghaziabad. THE case of the prosecution as appearing from the F.I.R. and statement of the complainant Smt. Beena Sharma (P.W. 1), in brief, is that on 4.9.2000 the complainant and her husband Krishna Kumar Sharma were going to their house situated in Mohalla Luharpura from railway station Ghaziabad. When at about 9.50 p.m. they reached near Naz Hotel on G.T. Road in front of Pawan Cinema, the accused Bhopal S/o Chhotey r/o village Girdharpur alongwith one other person all of a sudden came from ahead and fired on Krishna Kumar Sharma from tamancha, due to which he sustained serious injuries. In serious condition, Krishna Kumar Sharma was carried to Shankar Hospital, from where he was referred to Government Hospital Ghaziabad, where primary treatment was given to him and thereafter he was sent to Teg Bahadur Hospital, New Delhi, where he was admitted in the same night. During treatment, Krishna Kumar Sharma expired on 12.9.2000 at 6.25 p.m.

(3.) WHEN Krishna Kumar Sharma died in Teg Bahadur Hospital, Delhi on 12.9.2000, P.W. 7 S. I. Sanjay Kumar Singh came to hospital and conducted inquest proceedings on dead body, during which inquest report (Ext. Ka 10) and connected papers (Exts. Ka 11 and Ka 12) were prepared. Thereafter, the dead body in sealed condition was sent for post-mortem examination, which was conducted by Dr. N. K. Agrawal (P. W. 4) on 13.9.2000 at 12 noon. In post-mortem report (Ext. Ka 10), following wounds have been shown under the heading ante mortem injuries :