NANHE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Seema Pandey, learned Amicus Curiae for the appellant and Sri Arun Kumar Singh, learned A.G.A. for the State.

(2.) This Criminal Appeal has been preferred against the judgement and order dated 14.05.2010 passed by Special Judge, S.C./S.T. (P.A.) Act, Budaun in Session Trial No. 1097 of 2007, State Vs. Nanhe under Sections 302 and 307 I.P.C., P.S. Musajhag, District Budaun arising out of Case Crime No. 169 of 2007 and S.T. No. 1212 of 2007, State Vs. Nanhe under Section 25 of Arms Act arising out of Case Crime No. 170 of 2007 of the same P.S. whereby the accused appellant has been held guilty under Section 302 I.P.C. and has been awarded life imprisonment and fine of Rs. 5,000/- and in default of payment of fine, one year additional imprisonment and under Section 25 of Arms Act, he has been held guilty and has been awarded punishment of two years R.I. and fine of Rs. 1,000/- and in default of payment of fine, three months Additional Imprisonment. Both the S.Ts. have been decided by the common judgement against which aforesaid appeal has been filed.

(3.) In brief the case of the prosecution is that on 30.05.2007 at about 3:30 p.m., the informant Md. Ali (P.W.1) was going to the shop of Sant Ram along with his son, Saddam Hussain (deceased) for purchasing domestic articles, when they reached the said shop, they saw that Mahendra (P.W.2) and Nanhe were having an altercation with each other at which Sant Ram (younger brother of Mahendra) intervened and told Nanhe to go away from there, thereafter, Nanhe went away from there but hardly he had gone about 15 to 20 paces, he turned around and after taking out his pistol, made a fire which piercing through neck of his son, Saddam Husain, hit at the head of Mahendra. They had caught hold of Nanhe with the help of the villagers who were present there surrounding him and beat him, thereafter the injured was taken to the hospital where he died. Upon the said written report (Exhibit Ka-1) of the informant, Case Crime No. 169 of 2007 was registered at P.S., Musajhag at 17:00 hours on 30.05.2007 under Sections 304 and 308 I.P.C., chick F.I.R. of which is Exhibit Ka-3 and the entry of the said case was made in G.D. at report No. 26 on the same day which is Exhibit Ka-4. Investigation of this case was handed over to I.O., Pramod Kumar Shukla, which was subsequently given to Viresh Pal Singh (P.W.8). The Investigating Officer prepared the site-plan, recorded statements of the witnesses and prepared papers related to Panchayatnama of the deceased, Saddam Hussain and after sealing the dead body of the deceased, sent the same for post-mortem. He also obtained the injury memo of the injured, Mahendra. During investigation, S.H.O. of the P.S. concerned, S.D. Chaudhari and others reached the place of occurrence and arrested the accused, Nanhe in injured condition and on his personal search, recovered a country made pistol of 315 bore from him in which there was one empty cartridge also. The accused could not show any licence to possess the same. The S.H.O., S.D. Chaudhari prepared the recovery memo of the said pistol as well as live cartridge and sealed the same and handed over the articles at Police Station on 30.05.2007 at 23:30 hours. At the same time, Case Crime No. 170 of 2007 under Section 25 of Arms Act was registered against accused, Nanhe, investigation of which was handed over to R.K. Sehgal, S.H.O., Ushait, District Budaun who prepared the site-plan (Exhibit Ka-11) of the place where the pistol and the cartridges were recovered, recorded statement of the witnesses and also obtained report regarding examination of the said country-made pistol recovered from the accused from F.S.L. which is Exhibit Ka-14, thereafter, obtained prosecution sanction from the District Magistrate (Exhibit Ka-13) under Section 25 of Arms Act against the accused and submitted charge-sheet under the said section which is Exhibit Ka-12. In the case under Sections 304 and 308 I.P.C., the charge-sheet has been submitted which is Exhibit Ka-10.