CHHOTE LAL Vs. STATE OF U P

JUDGEMENT

(1.) As these appeals arise out of common judgement dated 05.05.2010 and order dated 06.05.2010 passed by Additional Sessions Judge, Court No. 5 Aligarh in Sessions Trial No. 544 of 2007, convicting the accused-appellant Chhote Lal under Section 302 of IPC and sentencing him to undergo imprisonment for life and a fine of Rs. 10,000/-, in default thereof, to further undergo six months additional imprisonment and acquitting the accused appellants Munni Lal and Ajay Kumar under Sections 302/34 of I.P.C. and further acquitting the accused appellant Chhote Lal in Sessions Trial No. 545 of 2007 under Section 25 of Arms Act, they are being disposed of by this common order.

(2.) In the present case, name of the deceased is Kali Charan, brother of accused-appellant Chhote Lal. On 24.10.2006, at about 08:00 pm, when the deceased was in his residential premises, offering food to cattle, accused-appellant Chhote Lal asked him as to why he is disposing of the property, which was replied by deceased that he is selling his own share. Upon hearing this reply, acquitted accused Ajay Kumar, who was standing just behind the deceased, caught hold the deceased. Seeing this quarrel, two sons of the deceased namely, Pradeep Kumar (PW-3) and Shyam Sunder (not examined) reached at the place of occurrence and requested the accused persons to leave Kali Charan. During the said period, other accused person namely Munni Lal (uncle of the deceased) reached there carrying licensed gun in his hand and caused several gunshot injuries to the deceased. After sustaining gunshot injury, the deceased fell down and died at the spot. Incident was witnessed by Sarvesh Kumari (PW-1), wife of the deceased, at whose written report, Ex.Ka.1, FIR Ex.Ka.2 was registered on 25.02.2006 at 12:10 am against accused Ajay Kumar, Munni Lal and Chhote Lal (appellant) under Section 302 of IPC. It is relevant to note here that the distance between the police station and place of occurrence is about 9 kilometers.

(3.) Inquest on the dead body of the deceased was conducted on 25.10.2006 vide Ex.Ka.6 and body was sent for postmortem, which was conducted on 25.10.2006 vide Ex.Ka.4 by Dr. U.C. Gupta (PW-4).