DAYA RAM SHIKARVAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Daya Ram Shikarvar was charged, tried and convicted under sections 302, 504 Indian Penal Code (in short, IPC) in Sessions Trial No. 164 of 2002 arising out of Case case no. 178 of 2002 whereby he was sentenced to life imprisonment under sections 302 IPC with a fine of Rs. 2,000/- with default stipulation and six months imprisonment under section 504 IPC by impugned judgment and order dated 16.4.2004 passed by the then Additional Sessions Judge (F.T.C. Court No. 1), Farrukhabad.

(2.) Prosecution case, in brief, is that on 12.3.2002 at about 8:15pm. informant and his partially blind brother Kunwar Singh were having conversation at the western door of his house. PW-1 Baiju Singh, PW-2 Prema Devi, PW-4 Rukmani Devi were also standing with them. Suddenly, appellant Daya Ram Shikarvar crossed his lane. Finding partially blind Kunwar Singh in his sight expressed his displeasure by saying that the presence of this partially blind boy Kunwar Singh did not augur well for him, disrupting his normal routine. Deceased Kunwar Singh objected to this abuse by appellant whereupon appellant Daya Ram Shikarvar whipped out a pistol and shot Kunwar Singh. Informant Ram Chandra Singh Bhadauria (PW-1) and his companions raised alarm whereupon appellant Daya Ram Shikarvar rant away.

(3.) The First Information Report (in short, FIR) claims that there was sufficient light at the time of this incident facilitating identification of the assailant. The FIR claims that informant Ram Chandra Singh Bhadauria (PW-1) and his family members took the injured Kunwar Singh to the hospital of Dr. Hari Dutt where the injured was declared dead. The corpse of deceased was taken to his house and thereafter, FIR was lodged at 9:30 pm at Kotwali, Farrukhabad which was located almost within 2 kms. from the place of occurrence. The chik report (Ex.Ka-3) was carved out. A report was entered into General Diary (in short, G.D.) of the Police Station, an extract of which is available on record as Ex. Ka.-4.