VIJAY KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order dated 4.6.2004, passed by the Addl. Sessions Judge, Shahjahanpur in S.T. Nos.715/ & 716, of 2003, convicting / sentencing appellant no. 1 under Section 302 IPC to life and appellant no. 2 under Section 323 IPC to 3 & 1/2 months R.I.

(2.) On above allegations, an FIR as Case Crime No.343/2002 was initially registered against accused Vijay Kumar Gupta and Muneshwar Dayal under Section 304 IPC on 15.10.2002 at 7.30 AM at the police station, at a distance of 2 kms.

(3.) P.W.-3 / the Investigating Officer after reaching the scene, carried out investigational formalities including preparation of the site plan including recovery of the empty cartridge (315 bore) in his presence along with other witnesses, and that of empty (315 bore) as Ext. Ka-9. He effected the arrest of both the accused and at their pointing out, recovered the offending weapons from their custody, prepared memo (Ext. Ka-10), authenticated under his signatures, a copy of which was also furnished to the accused after obtaining their signatures. On the recovery of the incriminating arms on 15.10.2002 at 7.30 AM, an FIR (Ext. Ka-18), under Section 25 of the Arms Act also came to be registered against Vijay Kumar Gupta.