VAIBHAV @ AMIT SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against judgment of conviction and order of sentence dated 13.04.2005 passed by Additional Sessions Judge, Court No. 4, Lucknow in Session Trial No. 1034 of 1998 corresponding to case Crime No.63 of 1998, Police Station Chowk, District Lucknow, whereby and whereunder the appellant Vaibhav @ Amit Saxena has been convicted under Sections 302 and 307 of the I.P.C. and sentenced to undergo imprisonment for life and pay fine of Rs. 1000/- for the offence under Section 302 of the I.P.C. The appellant was further sentenced to undergo imprisonment for five years and pay fine of Rs. 500/- for the offence under Section 307 of the I.P.C.

(2.) The case of prosecution as per the written report of Sharad Bansal (PW-1) is that on 03.03.1998 at 7:30 p.m. the informant, his father Brij Kishore Bansal and Jitendra Rastogi were sitting in the shop situated at shop No. 253/96 at Nadanmahal Road. The appellant alongwith one unknown arrived holding bombs in their hand. It is further alleged that appellant and unknown person hurled the bomb in the shop aiming the informant and his father, which exploded and due to that explosion father of the informant had received serious injury. It is further stated that the informant and Jitendra Rastogi did not receive any injury. It is alleged that thereafter the appellant and his unknown companion started fleeing towards their motorcycle waving country made pistol on their hand. It is stated that when the younger brother of the informant, namely, Aditya Bansal, who was standing outside the shop, raised alarm, appellant fired on him, but due to providence he did not receive any injury. Thereafter, the appellant and his unknown companion fled away on a motorcycle firing in the air. It is stated that the occurrence was witnessed by the shopkeeper of the locality, namely, Mahesh Chandra Agrawal, Deshraj and others. It is further stated that the informant with the help of others took his father to emergency ward of K.G.M.C. Lucknow on a tampo for treatment, but after sometime he died. It is stated that Vaibhav @ Amit Saxena had inimical relation with the informant in connection with one girl, namely, Sapna Srivastava and because of that the present occurrence took place.

(3.) On the basis of aforesaid written report case Crime No. 63 of 1998 under Section 307 & 302 of the I.P.C. was instituted in Police Station Chowk District Lucknow on 03.03.1998 at about 9:30 p.m. and police took up investigation. It further appears that in course of investigation the inquest report of the deceased (Exhibit Ka-3) was prepared by PW-5, namely, Vijay Bahadur Singh, thereafter the dead body was sent for post-mortem examination. PW-6, Dr. Ravindra Saxena conducted post-mortem examination on the dead body of deceased and prepared post-mortem report (Exhibit Ka-7). The Investigating Officer (PW-8) had inspected the place of occurrence and prepared site map of the place of occurrence (Exhibit Ka-8) It further appears that the Investigating Officer had also seized blood stain piece of bed-sheet, mattress, piece of pillow cover, 3 pieces of plastic, one envelop containing balloons, thermo-cols balls etc. and prepared seizure list (Exhibit Ka-9). The Investigating Officer had also seized residue of bomb from the place of occurrence and prepared seizure list (Exhibit Ka-10). The Investigating Officer had recorded statements of the witnesses, collected post-mortem report and then after completing the investigation submitted charge-sheet (Exhibit Ka-12) in the court.