SATENDRA @ BANTU Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal under Section 410 read with Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.) has been filed by accused-appellant Satendra @ Bantu thorugh Jail Superintendent Firozabad against the judgment and order dated 23.05.2015 passed by Sri. R.P. Singh, Additional Sessions Judge (Court No. 5), Firozabad. By the impugned judgment, the accused-appellant Satendra @ Bantu has been convicted and sentenced under Section 302 of Indian Penal Code (hereinafter referred to as 'I.P.C.') to rigorous imprisonment for life with a fine of Rs. 10,000/-. In case of default in payment of fine, the accused-appellant has to undergo six months additional imprisonment. He has further been convicted under Section 25 Arms Act, 1959 and sentenced to one year rigorous imprisonment and a fine of Rs. 1,000/-. In the event of default, he has to further undergo one month additional imprisonment. Both the sentences were directed to run concurrently.

(2.) Prosecution case as emerging from First Information Report (hereinafter referred to as 'F.I.R.) and the evidence available on record is that on information given by one Thakuri of Eka town to the effect that an incident of firing took place at contracted countrymade liquor shop to S.I. Netrapal Singh (PW-1) who was present at P.S. Baldev, District Firozabad, he along with Constables Akhlaq Ahmad and Rajveer Gautam proceeded towards the place of occurrence at about 8:00 a.m. from Police Station Eka, after making relevant entry in G.D. When he reached at country made liquor shop, he found a man lying injured. Below his neck towards left side on the chin there was a mark of gunshot injury with blood stains. PW-1 then arranged for Government vehicle on telephone and got the injured person identified by people of the town but he could not be identified. Notes of Rs. 18,500/- were scattered at the place of occurrence and soaked in the blood of injured. The injured person was sent to District Hospital for treatment along with the aforesaid Constables Akhlaq Ahmad and Ramveer Gautam. Salesman was not found on liquor shop which was open. Injured was lying in wounded condition in courtyard of the shop premises. Thereafter, Akhlaq Ahmad telephonically informed PW-1, informant that injured has breathed his last on the way to hospital. On coming back to police station, he got a case registered at Case Crime No. 5 of 2008 under Section 302 I.P.C. at 10:00 a.m. at G.D. No. 18. The same day, investigation was undertaken by Station Officer, PW-11, Arun Kumar Singh who visited the spot, investigated it and prepared site plan. He collected sample of blood stained and simple soil from the spot and sealed it in separate packs later on exhibited as Ex. Ka-15. He also took in possession notes of Rs. 18,000/- and prepared a recovery memo Ex. Ka-13. At the same time, he received an information that accused appellant Satendra @ Bantu was present at another countrymade liquor shop at Eta crossing. On this information, PW-11 rushed to Eta crossing and found accused-appellant Satendra @ Bantu standing there. On inquiry, he disclosed his name as Satendra @ Bantu son of Ganga Singh, resident of village Sujawalpur Police Station Nazirpur, District Firozabad. On search from beneath right side of his pant one countrymade pistol of .315 bore was recovered from his possession measuring 6 inch in length alongwith two live cartridges of .315 bore recovered from right side pocket of his pant. The accused could not produce licence of the aforesaid firearm. Therefore, he was arrested for the crime under Section 302 I.P.C. and Section 25 Arms Act, 1959, at about 2:30 P.M. on the same date. Thereafter, he continued investigation. On 08.04.2008, investigation was undertaken by PW-12 Ummed Ali, Station Officer, who recorded statements of witnesses and articles recovered from the person of deceased alongwith packets of sample of blood stained soil, simple soil and notes, which were sent to Forensic Laboratory Agra for chemical examination. On completion of investigation, he submitted Charge-sheet Ex.-Ka 20 against accused in Court. Cognizance of offence for the first time was taken by Chief Judicial Magistrate, Firozabad on 10.03.2008 and thereafter a supplementary Charge-sheet Ex.-Ka 18 was also filed, Cognizance of offence was taken by Chief Judicial Magistrate, Firozabad on 21.04.2008.

(3.) The case being exclusively triable by Court of Sessions. Chief Judicial Magistrate, Firozabad committed the same to the Court of Sessions on 17.05.2008. Thereafter, the case was registered as Sessions Trial No. 359 of 2008 under Section 302 I.P.C. The aforesaid Sessions Trial was transferred to the Court of Additional Sessions Judge (Court No. 5) Firozabad, who framed charges against accused-appellant under Section 302 I.P.C. as also a separate charge under Section 25 Arms Act, 1959. Both the charges read as under: