HARISH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 26.07.2007 passed by Additional Sessions Judge, Court No. 9, Aligarh in Sessions Trial Nos. 1019 of 2004, 1021 of 2004 and 1020 of 2004 convicting accused- appellants, Harish Chandra, Dheeraj and Titoo alias Pankaj Saxena under Section 302 of IPC and sentencing them to life imprisonment and a fine of Rs. 5,000/- each, in default thereof, to undergo six months additional imprisonment.

(2.) As per prosecution case, deceased-accused Harish Chandra was initially tenant of one Anil Saxena from whom the said house was purchased by deceased Bachchan Babu Saxena in two parts. An eviction suit was filed by deceased Bachchan Babu Saxena against Harish Chandra and he used to ask him to vacate the house in question. Annoyed with the request of deceased, Bachchan Babu Saxena, on 24.08.2004 at about 4:45 PM, accused persons met the deceased and his son PW-1, Shravan Kumar in the market and there deceased-accused Harish Chandra asked the remaining two accused-appellants, namely, Dheeraj and Titoo alias Pankaj (sons of Harish Chandra) to kill the deceased. On 24.08.2004, Dheeraj and Titoo alias Pankaj both were carrying country made pistols with them, caused firearm injuries to the deceased and he immediately fell down resulting his instantaneous death. An attempt was also made to assault PW-1, Shravan Kumar but somehow he escaped. Further case of the prosecution is that the incident was also witnessed by PW-2, Ashok Kumar and some other witnesses, who have not been examined. On 24.8.2004 at 5:20 PM, FIR was lodged by PW-1, Shravan Kumar (son of the deceased) naming all the three accused persons under Sections 307 of IPC vide Ex.Ka-3.

(3.) Postmortem on the body of the deceased was conducted on 25.08.2004 by PW-3, Dr. S.K. Gupta vide Ex.Ka-2 and as per postmortem report, following two injuries were noticed on the body of the deceased: