KARAN VIR Vs. STATE OF U P

JUDGEMENT

(1.) The instant criminal appeal has been preferred on behalf of the accused-appellant Karan Vir s/o Late Sensarpal r/o Village Mainaputhi, P.S. Saroorpur, District Meerut against the impugned judgment and order dated 24.7.2001 passed by the trial court/Special Judge (Anti Corruption) Meerut in Sessions Trial No.463 of 2000 (State vs. Karan Vir), under Section 25 of Arms Act whereby the accused-appellant has been convicted and sentenced for the period of imprisonment (about one year and half month) already undergone.

(2.) Facts necessary for disposal of the instant appeal are that the accused-appellant was prosecuted for the offence punishable under Section 302 & 504 of IPC in Sessions Trial No.464 of 2000 (State vs. Karan Vir) and for the offence punishable under Section 25 of Arms Act in connected Sessions Trial No.463 of 2000 (State vs. Karan Vir) on the allegations that on 1.2000, at about 2 p.m. in the jungle of village Mainapoothi, accused-appellant fired a country made pistol on deceased Vipin Kumar. During the course of investigation of case crime no.3 of 2000, under Sections 302 & 504 of IPC, accused-appellant surrendered before the court concerned. Investigating Officer of the aforesaid case crime S.O. Rajesh Kumar Singh (PW-7) with the permission of the court concerned on 17.1.2000, went to the District Jail Meerut and interrogated the accused-appellant. Thereafter, on 23.1.2000, at about 8:15 a.m. during the course of police custody remand one country made pistol (Ext.1) and one cartridge of 315 bore (Ext.2) were recovered by the Investigating Officer on the pointing out of the accused-appellant from the sugarcane field of Ramveer under fard (Ext.Ka-6). The prosecution failed to connect the accused-appellant with the murder of Vipin Kumar. Hence, learned trial court acquitted him of the offence punishable under Section 302 & 504 of IPC but held guilty for the offence punishable under Section 25 of Arms Act, and sentenced him as mentioned above.

(3.) Both Sessions Trial were decided by the trial court by a common judgment and order dated 24.7.2001.