VERMA Vs. STATE OF U P

JUDGEMENT

(1.) -This jail appeal is directed against the judgment and order dated 2.5.2005 passed by Special Judge (E.C. Act), Shahjahanpur in S. T. 673 of 2001, whereby the appellant is convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000. In default of payment of fine further imprisonment for 3 months.

(2.) THE prosecution case in a nutshell is that a first information report was lodged by Ram Bhajan alleging therein that about 4 years back informant had married his aunt Shakuntala with Verma. He was a drunkard and used to gamble. About 3 months back he had sold his house and land as he lost in gambling. His wife was annoyed with him and she went to her parent's house and did not return despite Verma wanted her to live with him. On account of this reason Verma was annoyed with him and his brother Badshah. On 10.7.2001, his brother Badshah was irrigating the field of Ganga Ram through an engine near a pond. THE engine was not working properly and he alongwith his father Sita Ram and Ganga Ram was repairing the pipe. Hardwari was also working there. He also reached near the engine. At about 7 a.m. Verma reached there carrying a pistol and fired upon Badshah, which hit him on the back. He died on the spot. Verma ran away and could not be apprehended. He lodged a report on 10.7.2001 at 10.30 a.m. On the basis of the first information report Case Crime No. 165 of 2001 was registered at 8.30 a.m. by H. C. Hari Singh. He also prepared chik F.I.R. and the G. D. entry on the basis of the first information report which are Exts. Ka-3 and 4. THE case was investigated by S.H.O. Rajesh Pathak. He prepared the inquest report, Ext. Ka-5. He also prepared the recovery memo of blood stained and plain earth from near the place of occurrence, which is Ext. Ka-6. He also prepared challan lash, sample seal, photo lash, letter to C.M.O. which, are Exts. Ka-7 and 10. THE site plan of the place of occurrence is Ext. Ka-11. After the conclusion of the investigation he submitted the charge-sheet under Section 302, I.P.C. which, is Ext. Ka-12. S.I. Rajendra Singh recovered a country made pistol and empty cartridge and prepared a recovery memo which, is Ext. Ka-13. A case under Section 25, Arms Act was also registered against Verma. S.I., K. P. Gautam had also filed a charge-sheet against Verma which is Ext. Ka. 17.

(3.) AFTER the submission of charge-sheet the case was committed to the Court of Sessions. The Sessions Judge has framed charges under Sections 302, I.P.C. and 25, Arms Act. The accused had denied the charges and claimed to be tried. His request for amicus curiae was accepted by the Sessions Judge.