VED PAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order dated 10.9.2004 passed by the Additional Sessions Judge, Court No.8, Muzaffar Nagar in S.T. No.643 and S.T No. 642 both of 2001 (Case Crime Nos.181 and 212 both of 2001) convicting/sentencing appellant for life under Section 302 IPC with fine of Rs.10,000/- and a default sentence of 3 years; under section 25 Arms Act to 1 year R.I. All sentences were to run concurrently.

(2.) On above allegations a written report (Exbt Ka-1) scribed by Gram Pradhan-Satyaveer, came to be submitted at the police station at a distance of 6 kms which became a basis for registering an F.I.R as Case Crime No.181/2001 under Section 302 IPC at 3.35 PM same day.

(3.) P.W-8 is the Sub Inspector who carried out the inquest (Exbt Ka-8) of the deceased at the hospital prepared other police papers. He testified that one Madan Lal was the I.O, in the case who is no more but is familiar with his hand writing. The deceased I.O, commenced investigation on 31.3.2001 and at the instructions of P.W-1/the informant prepared a site plan (Exbt Ka-13), collected bullet from the scene, prepared a memo (Exbt Ka-15) under his signature apart from conducting other investigational formalities. During investigation at the pointing out of accused-appellant he recovered the offending weapon from a box in his house, on 17.4.01 at 9.30 PM, memo (Exbt Ka-2), duly authenticated in respect of which an F.I.R, as Case Crime No.212/2001 under section 25 of the Arms Act came to be registered on 17.4.2001 at 11 PM.