DHANVEER Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 22.05.2007 passed by Additional Sessions Judge, Court No.1, Budaun, in Sessions Trial No.184 of 1999, State of U.P. Vs. Dhanveer, arising out of Case Crime No.856 of 1998, under Sec. 302 IPC, Police Station-Civil Lines, District-Budaun, whereby the appellant has been sentenced to life imprisonment under Sec. 302 Penal Code coupled with fine Rs.2000.00, in default of payment of fine, he will have to suffer additional two months' simple imprisonment.

(2.) Heard Sri Arvind Kumar Srivastava, amicus curiae for the appellant, Sri Awadhesh Narayan Mulla, learned AGA and Smt. Manju Thakur, brief holder for the State and perused the record of this appeal.

(3.) Facts germane giving rise to this appeal as discernible from record appear to be; that the informant Ram Bharose Singh son of Beni Singh lodged the written report at Police Station Civil Lines, District Budaun, on 09.11.1998 at 4:30 p.m. against the accused-appellant Dhanveer for causing death of the informant's daughter Vineeta by shooting her to death with the allegations that the informant's daughter Vineeta and his niece Km. Kamlesh were present at his home. The informant and his wife were not present at home as they had gone to another place. The accused-appellant Dhanveer whose relative Avesh Singh is neighbour of the informant, used to visit that place. The accused-appellant Dhanveer came over to his house and fired on his daughter Vineeta around 3:00 p.m., due to which she died in the house. The accused-appellant Dhanveer also took some intoxicant and is lying over there under influence of intoxicant. Request was made for lodging the report and taking appropriate action. The written report is Ext. Ka-6.