JASWANT SINGH GAREWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) - Heard learned Counsel for the appellant and Sri K.N. Bajpai and Sri Sher Singh learned AGA and perused the record.

(2.) ACCORDING to the prosecution case, the fast informant Naresh Kumar son of Sohan lal was resident of T.S. Colony of Quarter No. 44 of type-I, Vindhyanagar, P.S. Vindhyanagar, District-Sidhi, Madhya Pradesh. On 8.6.2001, he along with his elder brother Kiran Kumar alias Tota had gone to meet Jaswant Singh, appellant who was living at N.C.L. Khadiya in Quarter No. MQ-266 by his motorcycle No. U.A.U. 2619. It is averred that he had gone to meet Jaswant Singh with regard to a truck which was being run under the alleged partnership of the appellant and elder brother of the first informant. While they were talking at the residence of Jaswant Singh at about 2.30 p.m., the appellant became angry and abusing brother of the first informant he came out with a gun from his quarter and fired upon Kiran Kumar alias Tota with an intention to kill him. On seeing shot being fired, upon his brother, the first informant hid due to fear. It is also averred in the first information report lodged on 8.6.2001 at about 16.15 p.m. that his brother was lying dead at the spot of occurrence which has also been witnessed by other persons also.

(3.) THE second investigator Jagdeep Singh also recorded the statement of the first informant Naresh Kumar, his father Sohan lal and forwarded charge-sheet under section 302 IPC read with section 3(2) 5 of SC/ST Act.