DEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vindesh Kumar Mishra, learned counsel for the appellant and Sri Sagir Ahmad, learned AGA for the State.

(2.) The appeal questions the correctness of the conviction and the sentence awarded by the learned Additional District and Session Judge, Shahjahanpur in Session Trial No. 293 of 2005 arising out of Case Crime No. 343 of 2004 whereby the appellant has been convicted for the offence of murder under Section 302 Indian Penal Code and has also been found guilty of having committed offence under Section 25 of the Indian Arms Act in Session Trial No. 292 of 2005 in case crime no. 345 of 2004, for which he has been awarded life imprisonment and two years of rigorous imprisonment respectively coupled with Rs. 10,000/- as fine and in default thereof to undergo further six months simple imprisonment.

(3.) The First Information Report discloses that the appellant is alleged to have fired a shot from a country made pistol at about 08:30 pm on 15th July, 2004 thereby causing the death of one Dharamveer Singh on the spot. The First Information Report is stated to have been lodged on the same day at about 22:45 pm by Agar Pal Singh, the first informant and PW-1 father of the deceased Dharmveer Singh. The scribe of the FIR is one Nanhe Singh son of Room Singh. The FIR is exhibit Ka-1 and it narrates that while the deceased Dharamveer Singh was standing near the shop of one Chotelal Kisan along with his younger brother Udaiveer Singh and one Sher Bahadur S/o Netrapal Singh, the appellant Devendra Singh was also present with a country made pistol in his hand. The deceased is stated to have purchased a sachet of Harsingar (gutka) upon which the appellant assailant is also stated to have offered him a sachet that was refused by the deceased. It is on such alleged trivial issue some oral exchanges took place and later on it took the shape of a scuffle whereupon the appellant aimed his country made pistol on the temple of the head of the deceased and fired a shot resulting in his death.