SURESH Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal arises out of impugned judgement dated 05.03.2010 and order dated 08.03.2010 passed by the learned Additional Sessions Judge, Bareilly in Session Trial No. 723/2006 (State v. Suresh), under Sections 302 and 307 of IPC, P.S. Faridpur, District Bareilly, whereby appellant Suresh has been convicted under Sections 302 and 307 of IPC and sentenced to undergo imprisonment for life along with a fine of Rs. 10,000/- under Section 302 of IPC and to undergo seven years rigorous imprisonment along with a fine of Rs. 5000/- under Section 307 of IPC. In default of payment of fine of Rs. 10,000/- he was sentenced to undergo one year rigorous imprisonment, while in default of payment fine of Rs. 5000/-, he was sentenced to undergo six months rigorous imprisonment. Both the sentences were to run concurrently.

(2.) In this case, name of the deceased is Ram Pravesh, who is brother of complainant Santram. The version of prosecution is that since last 2-3 days of the incident, a boundary related dispute was going on between the complainant's uncle Mahraj Singh and appellant Suresh. On 15.03.2006 at 6:30 p.m., an altercation took place between appellant Suresh and deceased Ram Pravesh and his cousins. In the state of anger, appellant Suresh took out his licensed double barrel gun and fired 4-5 shots at the deceased and injured persons, resultantly Ram Ratan, Guddu alias Gajendra and Rishi Pal sustained injuries, while Ram Pravesh died.

(3.) On the basis of written tahreer exhibit Ka-1, filed by complainant Sant Ram, the present case was registered on 15.03.2006 at 2:10 hours, under Sections 307 and 302 of IPC against appellant Suresh, vide FIR exhibit Ka-3.