NEERAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) By way of this appeal the accused-appellant has felt aggrieved by his conviction rendered in Sessions Trial Nos.221 of 2006 and 222 of 2006 by Additional Sessions Judge, Shahjahanpur vide judgment and order dated 5.11.2011 convicting the appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.').

(2.) The facts as they are culled out from the record are that the appellant was having one sided love for the daughter of the deceased. On 8.10.2005, there was a telephonic discussion between the accused and the deceased. The appellant immediately after the heated discussion went to the residence of the deceased and fired from the country made pistol on the vital part of the body of the deceased. The widow of the deceased Nisha Saxena lodged the First Information Report stating that on 7.10.2015 at about 10.00 am when their daughter Priti Saxena was alone at home, the accused phoned her and conveyed that he was not afraid of her father. This incident was narrated to the father and the father telephoned the accused as to why he was phoning the daughter of the deceased. There were heated discussion. Both of them were to come out of their respective houses and as soon as both came, at about 8.45 at night, just near the house of the deceased, the accused fired at the deceased from his country made pistol. The deceased fell down on the ground and while being shifted to the hospital, succumbed to his injuries. Several people of the area saw this incident but, being scared from the accused, they ran away to their homes.

(3.) On the basis of F.I.R., case was registered and investigation was carried out. Inquest report was prepared, formalities for postmortem examination was caused and autopsy was conducted. After investigation charge sheet against the accused was submitted and the case was committed to the Court of Sessions by the Magistrate as it was a Sessions triable case.