MANOJ KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) -These two connected criminal appeals are directed against the judgment and order dated 29.11.2007 passed by the Sessions Judge, Kannauj in S.T. No. 294 of 2006 whereby convicting the appellant Keshav Kumar Gupta for the offence under Section 302, I.P.C. and rest of the appellants for the offence under Section 302, I.P.C. read with Section 34, I.P.C. and sentencing each of them to rigorous imprisonment for life and fine of Rs. 10,000.

(2.) THE prosecution case put briefly was that on 15.3.2006 at about 10.40 a.m. Amit Kumar alias Bauwa son of complainant Premchand (P.W. 1) alongwith other family members was playing holi colours outside of his house situated in mohalla Bazaria Chhibramau District Kannauj. At the same time the accused-appellant Keshav, Sunil, Manoj and Chandrasen armed with licenced revolver, double barrel gun and country made pistols came there. THE accused-appellants Keshav Kumar Gupta opened fire from his licenced revolver at complainant's son Amit Kumar alias Bauwa and seriously injured him. THE victim died on the way to the hospital. THE complainant got scribed the written report (Ext. Ka-1) from Rakesh Babu Tripathi and laid it at P. S. Chibbramau at 11.45 a.m. on 15.3.2006. On the basis of written report check F.I.R. (Ext. Ka-3) was prepared by constable Moharrir Tukman Singh (P.W. 6) and crime was registered in the G.D. (Ext. Ka-4). THE special report was sent to the higher officers the same day at 12.15 hrs. noon.

(3.) ACCORDING to the doctor the death was caused due to shock and haemorrhage as a result of ante mortem injuries. The post mortem certificate was (Ext. Ka-2).