DILIP KUMAR @ TANNE Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 08.04.2011 passed by learned Additional Sessions Judge, Court No. 6, Etawah in Sessions Trial Nos. 113 of 2007 and 114 of 2007: State v. Dilip Kumar alias Tanne whereby the appellant has been convicted under Section 302 IPC and Section 25 Arms Act and has been sentenced to undergo life imprisonment with fine Rs. 5,000/- and in default to undergo one year rigorous imprisonment for the first count and to undergo one year rigorous imprisonment with fine Rs. 1,000/- and in default to undergo three months rigorous imprisonment for the second count.

(2.) Brief facts of the case are that deceased Girish Chandra Yadav was the resident of Village-Sujipura, P.S.-Bharthana, District-Etawah. The appellant- Dilip Kumar alias Tanne is also the resident of the same village and is the first cousin (uncle's son) of the deceased. The houses of the deceased and the appellant are adjoined with each other and house of the appellant is in the south of the deceased's house.

(3.) As per prosecution story, deceased Girish Chandra Yadav along with his wife Smt. Suman Devi, children, mother Smt. Sona Devi and brother Awadhesh Kumar, who is a police constable, was present at his ancestral house in the night of 25.12.2006. It is stated that appellant Dilip Kumar alias Tanne was hurling abuses to the deceased and his family members in the night and when at about 2.00 p.m. the deceased along with his wife, mother and brother went to the roof of his house through staircase and stopped appellant from hurling abuses, appellant came to the staircase of his house with a rifle in his hand and opened fire which hit him in his left eye on account of which he fell down on the roof and died. It is further stated that when after this incident, the wife, mother and brother of the deceased chased appellant to catch him, he fled away from the scene towards south while opening firearm over them. Awashesh Kumar scribed the report of the incident at the dictation of the deceased's wife and took the same to police station Bharthana, District Etawah same night and handed over there on the basis of which an FIR under Section 302 IPC was registered against the appellant at 4.30 p.m. The written report and chik FIR are Ex. Ka-1 and Ex. Ka-